Objective of the study:
There are many unpleasant customs in our country. Dowry system is the foremost among those. Although this system is not recognized under Islamic law, it has entered into the Muslim society and spread over the whole society silently and very strongly. Being an unpleasant custom, dowry system like a virus is absorbing peace, good order and tranquility of the society. It has been a curse for the women and accordingly for the society. “Dowry System which is not under Islamic Law or Religion has Lowered Women’s Status in Society” is my research topic. I am for the topic. The objective of the research is to clarify that dowry system is not under islamic law and it has lowered the status of women. and to find out the proper way through which we can get rid of this evil system.
Framework of the Study:
The intention of this research is to assess whether dowry system has lowered the status of women in the society and whether it is under Islamic law. In order to provide a thematic understanding of the subject, I analyzed my topic in a religious and a sociological approach. First of all we shall try to examine the marriage as an institution and its necessity then the subsidiary the marriage- dower and dowry. And Historical evolution and necessity of them. Next, we shall try to show that dower is a blessing for women and dowry is a curse for them. What the effects of dowry system are and how it has demeaned and lowered the status of women in society. The next heading explores the reasons for growth of dowry system and focuses on the matter that can a person demand a specific right denying its correlative duties and other commandments? Finally we shall try to find out the proper way how can we get rid of such an unpleasant custom and what will be the solution to this problem including some comments of the specialists in respective area and common people.
Methodology:
As I have already stated in my introductory speech that dowry is an evil, evil system and has brought out as a curse. It creates many problems. It breaks the family ties and paves the way of gender discrimination. Dowry system is not recognized in the Islamic law or religion. But it is embedded in the Muslim society as a virus. It has demeaned and lowered the status of women in society. In view of this premises, I shall need to focus particularly on the notion that dowry system is not under Islamic law and it has lowered the status of women in the society. In order to doing so I have taken the following steps-
Library work that also called theoretical study of the matter concerned, which includes among others the following study. Namely –
a) Reading different books regarding the topic
b) The decisions of the courts
c) Different materials given in internet
? Data based, which includes the following matters
a) Physical study that means practical experience by conversing with different lawyers who have been working in different tribunal.
This is also known as empirical study which can be discuss in two ways namely
1. Quantities’ and
2. Qualitative
The above initiative is taken by me for the completion of my research monograph. In additions to the above mentions methods I have try to understand the lecture of my honorable course teacher regarding the subject matter which helps me more to do a conclusive work in the subject matter of my research.
Introduction
A dowry is a gift of money or valuables given by the bride’s family to the groom and the newly formed household at the time of their marriage. There are many kinds of unpleasant and harmful customs in Bangladesh as well as in this subcontinent. Dowry is the most common unpleasant custom of those. Through this custom the bride has to give a large amount of money, furniture, ornaments and many things to the bridegroom. It is a very terrible situation for the society. Women & their family suffer a lot for this dowry system. The modern feature of dowry means the transmission of large sums of money, jewellery, cash, and other goods from the bride’s family to the groom’s family.
However Dowry is an evil, evil system and has brought out as a curse. It creates many problems. It breaks the family ties and creates several kinds of gender discrimination. It has degradated and lowered women’s status in society. A woman is considered to be a great burden mainly because of the dowry system. Even today the birth of a female child is viewed as a curse. As soon as a daughter is born, the family in general and the father in particular starts calculating the huge financial burden that lies ahead of him. It is common to see people rejoicing over the birth of a son and lamenting over the birth of daughter. The reason why people prefer male children over female children is mainly due to cultural practices such as dowry.
The custom of giving dowry (jahaz) is not part of Islam, although it actually seems to be on the increase among several Muslim cultures, notably those of Indian, Pakistani and Bangladeshi origin, even when they have settled in the UK. In fact, it is a practice which has never been sanctioned by Islam and is not prevalent amongst Muslims of other cultures. It seems to be in imitation of ancient Hindu culture in which daughters were not given any share in the family property, but were given payments, part of which might be in the form of household goods, as a measure of compensation. Islam granted daughters a rightful share in their family property and inheritance.
The dowry system is not recognised in the religion or the law of the Muslim societies but has spread into it. Conversely, Islamic law provides dower to enhance the status of women. Why should Muslim women, who are supposed to be protected by dower, become victims of dowry?
*Marriage as an institution:
Marriage – The institution whereby men and women are joined in a special kind of social and legal dependence for the purpose of founding and maintaining a family; an intimate or close union. Marriage is organizer of natural desires. It is as a way to handle natural inclinations such as sex drives and urges to procreate as well as to meet daily needs. Marriage is a social good. Marriage and family is essential for the good of the larger society – particularly in bringing up children. It is an institution given by God at creation for the good of couples, children, society, state, schools and the common social life. Marriage is sacrament and covenant. Christianity, Islam and Judaism all have hierarchical patterns of marriage commitment to parallel man’s faithfulness to God.
Marriage is a family social institution for a man and woman to provide a safe lifestyle and environment for the perpetuation of the human race, the institution of marriage was created by various societies based upon an agreement by a man and woman to become husband and wife. Within this system of dealing with responsibilities and safeguards of property rights and family lines, the family unit of husband, wife and children born to them, establish, preserve and maintain morals. They also cultivate, improve and perpetuate our civilization, legal, social and ethical codes both explicitly and implicitly.
Marriage is recognized in Islam as the basis of society. It is a contract, but it is also a sacred covenant. Marriage as an institution leads to the uplift of man and is a means for the continuance of the human race. Spouses are strictly enjoined to honour and love each other. It is a contract of the legalization of intercourse and the procreation of children. Ameer Ali cites an ancient text defining its objects as follows: ‘Marriage is an institution ordained of the protection of society, and in order that human beings may guard themselves from foulness and unchastity. The objects, therefore, are the promotion of a normal family life and the legalization of children.
Marriage is a social union or legal contract between individuals that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged by a variety of ways, depending on the culture or demographic.
Marriage is a social contract between two individuals that unites their lives legally, economically and emotionally. Societies throughout history, as a whole, have upheld and maintained the concept that marriage is a powerful commitment between a man and a woman to become husband and wife. That commitment has peripheral legal and personal responsibility factors.
Marriage literally means joining together. Marriage, in the Quran, has been described as (hisn) that is, a fort, meaning the protection it affords-social, physical and moral, to the couple joined together in wedlock.
Marriage is a contract which has for its design or objects the right of enjoyment and the procreation of children. But it was also instituted for the solace of life, and is one of the prime or original necessities of man. It is therefore lawful in extreme old age after hope of offspring has ceased, and even in the last or death illness.
Seen from the religious angle, Muslim marriage is an ibadat (devotional act). The Prophet is reported to have said that marriage is essential for every physically fit Muslim who could afford it. Moreover, the following traditions may also be considered:
“He who marries completes half his religion; it now rests with him to complete the other half by leading a virtuous life in constant fear of God.”
“There is no mockery in Islam.”
“There are three persons whom the Almighty Himself has undertaken to help- first, he who seeks to buy his freedom; second, he who marries with a view to secure his chastity; and third, he who fights in the cause of God.”
“….whoever marries a woman in order that he may retain his eyes-God putteth a blessedness in her for him, and in him for her.”
The Prophet is reported by some of the writers to say that marriage is equal to jehad (holy war); it is sinful not to contract a marriage, it is a Sunnah; and it is obligatory on those who are physically fit.
The beginning of marriage as a necessary social institution was first recognized from a religious point of view. This view has gradually shifted to that of a civil point of view, while still retaining the original religious influences.
Keeping in view the above traditions and discussion we could say: marriage is a very important social institution. There are many reasons including biological necessity and human necessity for growth of this institution. There would be a gross chaos in the society if there is no availability in the society. It is necessary to keep the society in peace and order and to refrain from chaos. It is the only way to check adultery, concubinage and prostitution, and many sexual offences which gave become so common today. Having been aware of necessity of the intuition of marriage, now it comes to the point of subsidiary to marriage.
*Subsidiary to marriage: Dower and Dowry:
Definition of Dower:
According to Muslim Law marriage is not only a religious sacrament but also a civil contract and the dower is necessary result of it. Where there is marriage there is dower although the dower is not part of the contract of marriage. Dower is a consequence of marriage whether it is stated at the time of the contract of marriage. Mahr is the Arabic term of dower. In Bangla it is called Denmahar.
The Mahr/Dower is something that is paid by the husband to his wife. It is paid to the wife only as an honour and respect and to show that he has a serious desire to marry her and is not simply entering into the marriage contract without any sense of responsibility and obligation or effort on his part. It is also a provision for her rainy days and socially it became a check on the capricious exercise by the husband of his unlimited power of divorce.
Dower is not exchange or consideration given by the husband to the wife for entering into the contract of marriage, but it is an effect of the contract of marriage imposed by law on the husband as a token of respect for its object- the woman.
Abdur Rahim rightly says, “it is not a consideration proceeding from the husband for the contract of marriage, but is an obligation imposed by the law of the husband as a mark of tespect for the wife as evedent from the fact that the non-specification of dower at the time of marriage does not affect the validity of marriage.”
Allah says in the Qur’an:
“Wa aatoo an-nisaa’a saduqaatihinna nihlatan… And give the women their dower with a good heart… ”
This verse is addressed to the husband because it is their responsibility to pay the dower. This verse shows that the dower must be given to the wife and should not be given to the guardians. There are other verse which shows the obligation to pay dower to the wife.
Regarding dower there are 3 different views. One is that in its incidents it is similar to Donatio propter Nupteas of the Romans. Second that it is given by the husband to the wife as a mark of respect; and Third that it is a device to control the unfettered power of the husband to divorce his wife. According Islamic law where there is a marriage there is a dower. It is a bridal gift. It is a token of respect to the bride.
Definition of Dowry:
Dowry is a new phenomenon for the Muslim communities in Bangladesh, with enlarged effects after independence. For the Hindu community also, its impact was not so widespread before liberation. Some authors in Bangladesh are claiming that dowry has become an essential criterion for marriage in every community and is near universal in Bangladeshi society. The simple gesture of jamai ador or special affection shown to the bridegroom has been transformed to the shape of daabi or demand by the bridegrooms. Even poor men are taking this chance of exploiting the bride’s family to improve their fate from poverty and unemployment. This is making marriage a commercial transaction, giving more value to property and money than the bride herself.
There is considerable debate what constitutes dowry in its various forms. The confusion is more acute as in the societal context dowry is differently defined than in anti-dowry law. In a patriarchally dominated social context dowry refers to property given to the bridegroom and his family but the anti-dowry law regards it as the exclusive property of the bride. The modern phenomenon of dowry, property given or agreed to be given to the bridegroom or his relatives, does not tally with the earlier concepts of bride-price and with the customary concepts of giving property to the bride herself.
Confusions of Dower and Dowry:
It is important to note that until now authors confuse dower with dowry. Perhaps the aspect of women’s property or stridhanam in Hindu law and dower as the exclusive property of the wife are seen as synonymous. When dowry is regarded as stridhanam or pre-mortem inheritance for women, contradictions arise and the equation of dowry with stridhanam has been disputed by several authors. They argue that the situation is absolutely reverse, as dowry is not a gift to the wife or her exclusive property but the property of her in-laws. The anti-dowry law stated that property given as dowry belongs to the wife but later on amended the law. However, the misconceptions still lingers on that she has been paid dowry than why should she be a part and parcel of the succession? There is an enormous difference between dowry, bride-price and mahr. Many books and articles on the subject confusingly use the word dowry to mean mahr, but in fact the correct word for dowry is jahaz, and its function is totally different.
Historical Evolution of Dowry & Dower:
Dowry:
Bangladesh suffers from some evil culture and superstitions. Dowry system is one of the worst evil cultures in this society. A dowry is a gift of money or valuables given by the bride’s family to the groom and the newly formed household at the time of their marriage. It has been an ancient and widespread practice. This bad culture is found and practiced more or less in communities of the country.
Dowry is derived from the ancient Hindu customs of “kanyadan” and “stridhan”. In “kanyadan”, the father of the bride offers the father of the groom money or property, etc. whereas for “stridhan”, the bride herself gets jewelry and clothes at the time of her marriage, usually from her relatives or friends. In “varadakshina”, the father of the bride presents the groom cash or kind. All of these could be done voluntarily and out of affection and love.
The Hindu marriage system is sacramental. According to this system, a marriage is forever, and there is no scope for a separation. Among the various ceremonies previously practiced, the ceremony in front of a “godly” fire (“Yajna” in Sanskrit) has taken over, the antiquated system of “marrying a wife by capture. This form of marriage began the practice of dowry, where originally, the family of the bride would accept gifts and money from the groom’s (potential conqueror’s) family as an alternative to bloodshed during the capture of the bride. A later modification of this system has paved way for the present dowry system primarily practiced by the society.
The modern phenomenon of dowry in South Asia is its abuse as an inducement for a man to marry a woman or, with the same effect, demands of dowry payments by a man or his family. The result is a tendency to regard it as a groom-price, which is distinguished from the traditional kanyadan (gift of the virgin) or bride-wealth. This modern feature of dowry means the transmission of large sums of money, jewellery, cash, and other goods from the bride’s family to the groom’s family. The emergence of dowry and the switch from brideprice have been explained by some authors as the cause of the decline of the earning capabilities and productivity of women. According to this view the system of dowry is closely linked with women’s role in productive activities. Where women are regarded as an unproductive burden, a dowry is given to the bridegroom’s side to compensate them. However, the present spread of dowry cannot be explained only with variables like non-participation of women in economic activity.
Dower:
Prior to Islam, two kinds of marital gifts were prevalent. If a certain type of marriage, the so-called beena marriage, where the husband visited the wife but did not brfing her home, the wife was called sadiqa of female friend, and a gift given to the wife on marriage was called sadaq. ‘In Islam sadaq simply means a dowry and is synonymous with mahr. But originally the two words were quite distinct: sadaq is a gift to the wife and mahr to the parents of the wife.’ The latter term belongs to the marriage of dominion, which is known as the baal marriage, where the wife’s people part with her and have to be compensated.
Now mahr in the baal form of marriage was used by the Prophet to ameliorate the position of the wife in Islam and it was combined with sadaq, so that it became a settlement or a provision for the wife. In Islamic law, mahr belongs absolutely to the wife.
Dower: the right of women & Dowry: prohibited perspective of Islam:
The Dennohor/ Dower is something that is paid by the husband to his wife. It is paid to the wife only as an honour and respect and to show that he has a serious desire to marry her and is not simply entering into the marriage contract without any sense of responsibility and obligation or effort on his part. It is also a provision for her rainy days and socially it became a check on the capricious exercise by the husband of his blanket power of divorce. Whereas dowry is a subsequent social development for the Muslim communities in Bangladesh with renewed effects after independence. Nowadays it is seen that the dowry has become rampant for marriage in every community and is near universal in Bangladeshi society. In many respects, the poormen are taking this chance of exploiting the bride’s family to improve their fate from poverty and this is making marriage a commercial transaction, giving more value to property and money than the bride itself.
According to Islamic law where there is a marriage there is a dower to the bride. The Islamic Law with regard to the same also prescribes that dower can be paid instantly or after marriage. After divorce, it becomes mandatory. Dower is considered a security to women who are always at risk of divorce in the social context of Bangladesh. But most of the divorced women fail to realise the money despite repeated attempts.
It is a gift of money, possessions or property made by the husband to the wife, which becomes her exclusive property. It is an admission of her independence, for she becomes the owner of the money or property immediately, even though she may have owned nothing before. It has nothing to do with either of their parents, except that a husband might need to take a loan. This should only be done with the intention of repayment. It is also intended as a token of the husband’s willing acceptance of the responsibility of bearing all the necessary expenses of his wife.
It is owned solely by the wife. The husband is not allowed to refuse to pay his wife a proper mahr or faridah. The settling of the payment is obligatory. ‘Women are lawful to you….provided that you take them in marriage and not fornication. As to those through whom you profit (through marriage), give them their faridah as appointed.’ (2:24).
It’s obvious out of the above verses that women hold a prominent status in Islam. Dower should be given to her on marriage. It’s her right. But people follow just opposite irrespective to these verses. Islam lets men to accept any gifts from bride or her family. But this gift should not be dowry or upon any persuasions. He can only accept this gift if they are providing it based on their own will. But people misinterpret it (deliberately) and consider it as a compulsory dowry system. In fact men underestimate the right of women. After receiving a huge amount as dowry from girl’s family, he gives a bit from it to her as “Mahr”.
A Muslim father does not have to bother for dowry, as there is nothing called ‘Dowry’ in Islam. On the contrary, Islam enjoins the groom to give a ‘Bridal-Gift’ or ‘Dower’ as a token of love and assurance to his would be wife at the time of marriage. In fact without payment of this sum, the marriage cannot get solemnized. The Holy Qur’an instructs the believers
“And give the women (whom you marry) their dower (obligatory bridal gift) happily” (4:4)
The practice of dowry among ignorant Muslims is a result of the influence of the evil practices of the society they live in. Islam does not put any financial burden on the father of the girl. A Muslim father is told to get her daughter married away in a most simple ‘Nikah’ ceremony solemnized by a ‘Qazi’ (priest) in a mosque, witnessed by his close relatives and friends. He is not even required to throw a luncheon to the handful of invitees assembled for this occasion. In fact it is desirable on the part of the groom that he offers a reception (Waleema) to his near ones & dear ones without forgetting the poor people of his society.
The dowry system is not recognised in the religion or the law of the Muslim societies but has spread into it. Conversely, Islamic law provides dower to enhance the status of women. Why should Muslim women, who are supposed to be protected by dower, become victims of dowry?
How Dowry system has lowered women’s status in society: Effects of dowry system:
The dowry system involves many unholy and dreadful results. Because of the dowry even today the birth of a female child is viewed as a curse and the girls are considered as burden. The dowry custom prompts many parents to go for female foeticide. Thousands of girls do not get a chance to live and are silenced in the wombs of their mothers. With the used of widespread gender tests some parents choose an abortion to avoid the burden of an unwanted female child.
The dowry system is so deeply rooted in Indian culture, that sometimes one feels that there’s going to be no way out – at least not for another century. Even modern, well-educated families start saving up money for their daughter’s dowry as soon as she is born, so what can one expect from the uneducated masses, whose only form of education is tradition? When demands for dowry are not met, the bride is subject to torture, and often even killed. The reason many parents don’t want to have daughters is because of the dowry they will have to shell out at her marriage, and the stress they go through due to never ending demands from her in-laws.
Let’s take a look upon the common people. How they manage to make a large amount (as for them) for dowry? They take severe struggles to give their daughters to appropriate grooms.Many poor families even tend to suicide due to this compulsory system if they have more than one girls to be married. Most of the divorces in India take place on account of dowry. After marriage some sisters would encounter severe harassments from husband or his family in terms of dowry.
Due to the curse of this dowry system many girls remain unmarried because of the financial problems of their parents. Some of such girls take recourse to suicide while few of them enter flesh trade. The evil practice of dowry has turned the sacred relationship of husband and wife into a commercial relation making the life of girls and their parents a hell. It has given rise to suicide, corruption and moral degradation.
The dowry custom motivates many inlaws to commit horrendous crimes of burning, poisoning or murdering the brides. Even in cities such as the capital, New Delhi, “bride-burnings” are reported every day Some brides commit suicide because of the constant pressure of fetching demanded money, car TV etc from their fathers’ house whereas they have already supplied abundant dowry beyond their means.
In many cases, the poor parents get loan on interest for getting their daughters married away. Later, this loan proves such a load that multiplies and holds the entire family into its cruel grip. Whenever we turn over the pages of the newspapers we see the heinous news of the victims of dowry system. Everyday the newspapers contain news of killing, acid throwing, suicide because of dowry. These are the visible scenery. But there are many cases which are never reported. Physical and mental torture by inlaws rarely reported and registered.
It is a much unexpected situation for the bride’s family members. They are to collect a huge amount of money for their daughters’ or sisters’ marriage. Sometime they are to take loan, sell their lands, furniture, ornaments and even their own house to collect the money. They are to lose many things and face many problems for this dowry system.
We saw that women are tortured when they can not give any money to their husband. Some time we hear and see in the newspaper that some women are killed, some are hung and some are burnt by their husband, in-law’s family members and others. For this dowry system divorce, doing suicide, mental and physical tortures, number of broken family are increasing day by day.
Dowry deaths are a common phenomenon in South Asia. These deaths of women are usually caused by the same persons who are legally and socially supposed to protect them, i.e. their husband or in-laws. It has been rightly pointed out that dowry deaths are gruesome reminder of the authoritativeness of patriarchy. In one study, dowry demands have been identified as one of the major causes of murder of women in Bangladesh. The authors have established their finding by a table gathered from different media sources, showing that almost 50% of all murders of women in Bangladesh in the years 1983-1984 were for dowry causes.
Official statistics show a steady rise in dowry crimes. More than 9, 5000 women are killed every year in India over dowry. Bihar and Uttar Pradesh still record the maximum number of dowry crimes, but Bangalore, India’s fastest growing city also shows an alarming rise – four women reportedly die every day because of dowry harassment and domestic violence. The cases of dowry torture are the highest accounting for 32.4% of crimes against women in the country.
It is obviously true that some parents meet up their demand behind cause of brightness future of their daughter. But this system would break family ties in future. They would not think the long term bad effects of it. The dowry system creates several kinds of gender discrimination. Maximum sectors of our society the dowry system are prevailed. The opinion of social researcher Mohammad Khairul Alam is that dowry system is a matter of great shame and bad culture in our society. It paves the way of gender discrimination. Apart from that, the bad culture hinders a good relationship between the provider and receiver of dowry. As a result, it creates problems between family and within the society. Each year, this bad culture costs a large number of women’s life while it causes many other women to live a degraded life.”
In some cases, parents borrow money at exorbitant rates of interest to marry off their daughters, and spend the rest of their life in great misery. Every year many young women commit suicide or face physical torture after marriage because their parents cannot afford to give dowry. Day by day, marriage has become a kind of business and exploitation of the parents of a girl. A recent survey, conducted by Rainbow Nari O Shishu Kallyan Foundation in 2008, found three districts in northern Bangladesh where every two out of four families practise this bad tradition. It is obviously true that some parents meet demand for dowry hoping the future of their daughters would be bright. But this system would break family ties in the future and having long term bad effects, it creates several kinds of gender discrimination.
Can a person demand a specific right denying its correlative duties and other commandments?
Islam has given women the proper status in the society. Under the sharia law, dowry is not recognized rather Islam imposed the provision of dower on the provision of dower on the husband i.e. husband must pay dower (money or valuable property) to the wife. It is the absolute right of the wife. It is regarded as a debt of the husband to the wife. After the death of husband, the foremost recoverable debt is the dower of the wife.
Not only dower, Islam has ordered that husbands must maintain their wives and supply all the necessaries to live in. only the husband must main the family. Wife is not bound to maintain the family or the children. Dower money and the property acquired by the wife of her own labour are absolutely her. It is seen that Islam has given many advantages and rights to the wife. But why? There must be some reasons and there also be. Has the wife nothing of responsibity to the family or to husband? If so, it will be jurisprudentially incorrect. Because, in jurisprudence, where there is a right, there is a duty. That means right lies against the duty. No duty no right. The Sharia law has given as many rights to the wife as many duties to her. First of all, the wife must surrender herself to husband. Of course, this surrender must be reasonable. In case of non-surrender of herself to the husband, he is not bound to maintain her. Islam has imposed some limitations upon the wife. Under Islamic law, there are some bindings upon her. She is not entitled to be got out without veil (parda) and without the supervision of her husband or her cognate relatives. Even in the performance of pilgrimage she is not entitled to go alone, and so on. Now question arises that are the women entitled to rights given to them without performing the duties imposed upon them? No, jurisprudentially they cannot do that. If anyone demands a specific right, he/she must perform the correlative duties and other commandments.
Therefore, in this stage, we would like to say that to enjoy the rights one must perform the correlative duties. If we fully obey to the rules and regulations of Islam, we automatically enjoy our rights. I mean, full implementation of sharia law can provide the rights and protect not only women but also all human beings.
Reasons for growth of Dowry:
I think poverty, illiteracy, narrow mentality, negative attitude to the women, dependence on husband and living on their income, social corruption etc are the main cause of dowry. Some time bridegroom wants money to do business or want to make his life settle with that money. In the village if brides are not beautiful to look at or if they get late married then they are to give a lot of money as dowry to the bridegroom.
Laws on dowry:
India was first in South Asia to make an attempt to control the dowry problem by passing the Dowry Prohibition Act of 1961. Subsequently, Pakistan made relevant legislative enactments, which significantly were only applicable for the Western wing of the country. After independence in Bangladesh the problems of dowry became so horrendous that activist women and some enlightened males were demanding legislation to stamp out this social evil. It was not considered right to treat women as a commodity to be transferred in marriage for consideration of property and money when the religious and official family laws did not regard women as chattels. Moreover, the Constitution of Bangladesh apparently provides sexual equality. The commodisation of women was seen as neo-patriarchy, which should not be tolerated any longer. Under such pressure, the government passed the Dowry Prohibition Act of 1980.
The real need of women in Bangladesh is to be protected from violence and economic deprivation. Dowry problems involve both aspects of the need, i.e. freedom from economic deprivation and violence. Demands for reforms to control these problems were already made earlier and the Dowry Prohibition Act, 1980 and the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 were enacted in response to growing evidence of cruelty against women. Recently a more comprehensive enactment (the Repression Against Women and Children (Special Enactment) Act xviii of 1995 has repealed the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 and enhanced the punishment. More recently The Women and Children Repression Prevention (Special Provision) Act 2000 exaggerated punishments in most cases upto death penalty for crime against women and children. We need to assess whether these legislation has been beneficial to women and seek to find out whether women are actually able to use the legal remedies available under these new statutes.
How can this problem be solved:
By educating women and making them financially empowered:
An astounding number of parents still don’t lay enough emphasis on educating their daughters. They believe their daughters will get married eventually, and husbands will support them, so why push them so hard? Poorer sections of society would rather send their daughters out to work and earn some money, to help them save up for her dowry. Those from regular middle and upper class backgrounds do send their daughters to school, but don’t emphasise career options. They view education as a rite of passage. If their daughters do well, it’s something to brag about at kitty parties. Similarly, very wealthy parents will happily support their daughters until they get married. Because of the family status and their ability to fork out a high dowry, they know they will get good matches for their daughter, and don’t take their daughters education very seriously.
Get serious about your daughter’s education. Encourage her to have a career of her own, no matter what your financial standing. One of the reasons parents of the boy ask for dowry, is that they often expect that their son will be earning and supporting the wife, and it is only fair that she contribute somewhat towards the household by way of dowry. If your daughter is educated and has as good a career as her husband to be, you’ve got a strong step in your favour.
Instead of giving her dowry so everyone is nice to her at her new home, give her a great career, so they can’t help but respect her. So if they treat her badly, she can walk out, as she is not dependent on them.
So they need her monthly contribution to the household expenses and dare not mess with her.
Providing your daughter with a solid education, and encouraging her to pursue a career of her choice is the best dowry any parent can ever give their daughter.
Despite protest by women’s organizations, serious activism, legal amendments, special police cells for women, media support and heightened awareness of dowry being a crime, the practice continues unabated on a massive scale. Despite every stigma, dowry continues to be the signature of marriage. Women need real social, political, financial and moral support in their fight against the system. They have to be empowered so that they can take their decisions about their own life by refusing the dowry system.
By effective implementation of law:
An effective implementation of the law is needed to tackle the problem. According to the apex court more severe legislative measures are urgently required to curb dowry-related deaths. Also, dowry will have to be tackled through the united efforts of NGOs, and religious bodies. Media may play a vital role to mobilise public opinion against this social evil.
This custom is very disgraceful for our country. So we should try hard to remove this system from our country. There are some laws to remove it. But we can not apply them properly. We have to try to use these laws properly. There should be more steps on women’s right in our Law system. We should change our outlook, mentality by our Law rules. Narrow mentality of the greedy people should be changed and a hard punishment should be given to them.
By social awareness:
For eradication of social evil of dowry, effective steps can be taken by the society itself. A vigorous national campaign is needed to create social awareness and social consensus to abolish the dowry system. Our younger generation should come forward to rectify this trend. They should set an example by neither demanding nor offering dowry. Those who demand dowry should be socially boycotted. Unless the younger generations volunteer for such noble tasks, no such reformatory projects can succeed.
At some place or the other, we have to put an end to the cycle of taking and giving dowry. Sometimes, it is seen that even people who have undergone the traumatic experience of having to pay dowry on the marriages of their daughters, are keen on getting dowry on their sons’ marriage. The abolishment of such social curse requires sacrifice and determination.
There are thousands of cases of dowry-related violence every year. But few offenders are actually punished. It shows that the law alone is not enough. Social awareness and effective measures are needed.
With camping by Imams:
I believe the Imams of Bangladesh can help in solving this social curse to a great extent. To help ease their brethren’s sufferings, what they need to do is to issue a strong Fatwa. In it, they must state clearly, and unambiguously that to pay dowers to the would-be bridegrooms is a great sin (Gonah-e-Kabira) and that the committers of this great sin shall enjoy no bliss of heaven; rather, they shall be burning forever in the inferno of hell after being judged guilty by God on the Day of Judgment. This Fatwa must be issued from each mosque of Bangladesh, and at least once in a month in order to make it effective. Lukewarm efforts would yield no result. The issuance of Fatwa may help change many people’s mind and perceptions.
Full implementation of Sharia and not part thereof:
The laws prevailing in our country as well as in this sub-continent are mostly originated and gathered from various ideologies. Penal Code, Criminal Procedure Code, Civil Procedure Code and other laws other than family laws are derived from Common laws which are in most contexts against the Islamic law and Hindu law. Similarly, our family laws are based on the religious ideology i.e. Muslim law and Hindu law. Laws derived from different ideologies provide rights and liabilities in different ways and different circumstances. Therefore, some laws are contradictory to each other. If we historically go through that many rulers from many ideologies rule this sub continent and made law. They made laws in accordance with their ideology. But they did not alter family laws of the people of this area. Family laws are based on respective religion. Dowry system is allowed in Hindu law. Be3cause in Hindu law women have no right of inheritance. There is no dower property. Hindu women have some property named stridhana which is given to the woman by her relatives in the marriage ceremony. On the other hand, in Islam is dower provision and women have the right of inheritance. For this reason, laws are not applied property. Therefore, we dare say that we should either consolidate and make a uniform code of law irrespective of religion and implement it which is impossible at all. Because almost all of the people of this sub-continent are religious.
Or we should fully implement the sharia law on the basis of majority religion.
Physical study
The practitioner in the civil court and fimily court and some religious and common people have given their opinion on dowry system according to their own ways relying upon the different circumstances. Some of views are given below-
? Mr. Golam Sarwar mazumdar, an Advocate of Supreme Court said that although there is the Dowry Prohibition Act,1980, it is not being possible to abolish this evil system because of our mentality, attitude and greeds. Law enforcement authority cannot apply the law properly. This system is available especially in the rural area of our country. We have to respectful to law and we should change our attitude towards women. However, at present, in this regard non-governmental organizations(NGOs) are playing important rule to remove the evil.
? Md. Zahidul Islam, an Assistant judge said that dowry system causes killing the wives by their husbands and their family. Apart from respecting laws, we should changed our outlook and mentality. In this regard, mass media can play a very important role to abolish the system.
? Sumaiya Sultan, a student of Eden College said that dowry system in most cases paves the way to break the family ties. Women and their guardians should avoid them who demand dowry and it should be possible when the girls are proper educated and self-reliant.
Mufti Abul Kasem Mohammad Fazlul haque, Vice Principal of Quaderia Tayabia Kamil Madrasah, Dhaka. Said Dowry system is not permitted in Islam. But it is a matter of great sorrow that this evil system is practiced in Muslim society of our country. Muslims these days are far awary from the rules and regulations of the Quran and Sunnah. Only Islam has given women the proper status in the society. Islam has provided the provisions of dower for women. A pure believer ( a devoted muslim) who follows the path of Islam shown and directed by the Prophet, cannot demand dowry. Only full implementation of Islamic law can remove not only dory system but also other evil system prevailing in the society.
Md. Was Uddin, a student of Jagannath University says adversely that when a girl gets married, liability to her maintenance, all necessity to live in is on the shoulder of the husband. Moreover she is entitled to dower which must be paid to her. He asked the leaders of the women movement- if the women want equality between man and woman then why not the male cannot demand dowry. If so, then dowry should be the right of man.
Social researcher Altaf Hossain Mahabub said, “If we don’t stop this practice, our society will destroy one day.” Md Ismail Hossain, Assistant Director of Bangladesh Bank said, “If we want to overcome this situation, we have to emphasize ant- dowry campaign in our society.” Md. Ahsan Habib, Professor of Asian University said, “Only by changing our social perception, it is quietly possible to remove dowry system from our society.”
Dowry is an evil, evil system and all of us, at some level, condone it and even contribute to it.
Often the boys’ parents don’t demand dowry, but our culture is such that we feel we must give something to the in-laws. In such cases, give as much as you receive. When you go out of your way because you are the parents of the girl, you are contributing to this evil.
Conclusion
From the above discussion it can be easily understood that This custom is very disgraceful for our country. So we should try hard to remove this system from our country. There are some laws to remove it. But we can not apply them properly. We have to try to use these laws properly. There should be more steps on women’s right in our Law system. We should change our outlook, mentality by our Law rules. Narrow mentality of the greedy people should be changed and a hard punishment should be given to them.
The women and their parents should refuse the men who want dowry. Men and women should promise against the dowry system. We should create a movement and strong public opinion against the dowry system. The movement should spread to villages and every nook and corner of the country. Besides, government and NGOs should be involved in the movement against the course. People who practise dowry system should be socially boycotted.
Legislation and other NGO intervention cannot stamp out this social evil unless there is a shift in the attitude of the people of South Asia. As the roots of the problem of dowry appear to be social, remedies can only be achieved by changes of attitude in society; this can be attempted by legislation, but will need to be supported by education and legal awareness. The parents of a bride should understand that by giving dowry they may not be giving their daughter any happiness; it has been claimed that it is only increasing her misfortune. The parents of the bride are not in fact giving the dowry to their daughter but to their son-in-law and his family; this increases greed for more dowry. Parents should rather safeguard their daughters from economic deprivation and violence by educating them about their rights within marriage as the dower right.
In the last but not the least it can easily speak out that It’s time to open our eyes. We shouldn’t let this vampiric system to grow anymore in our country. We youngsters should come front to raise slogan against dowry. Make awareness in your parents about the consequences of dowry. By standing shoulder to shoulder, we should eradicate this “Haram” from this world. To avoid increasing suicides, and other tortures against women in terms of dowry. Women are not slaves to be tortured. Indeed they are to be protected by us.
Bibliography:
1) Ali, Abdullah Yusuf (trans.): The Holy Qura’n. Lahore 1934
2) Ali, Ameer Syed: Muhammadan Law. Vol.II, Calcata 1917
3) Fyzee, Asaf A.A.: Outlines of Muhammadan law. (Fifth ed) delhi 2005
4) Mansoor, taslima: Gender Equity and Economic Empowerment: Family Law and Women in Bangladesh, British Council, EWLR, Dhaka 2008
5) Rashid, Syed Khalid: Muslim Law. Lucknow 4th ed.,2004
6) Iqbal, Jafar: Source of Muslim Law Question & Answer, Dhaka 2008
7) Rahim, Abdur.:Muhammadan Jurisprudence, Lahore 1911
8) Munni, Nurunnahar Islam: http://narijibon.blogspot.com/2008/01/dowry-system-in-bangladesh.html
9) Hasan, Md. Shakib:the dowry system breaking family ties, destroying women’s dream. Published March10,2009
10) Maqsood, Ruqaiyyah Waris:website:http://members.aol.com/Ruqaiyyah
Objective of the study:
There are many unpleasant customs in our country. Dowry system is the foremost among those. Although this system is not recognized under Islamic law, it has entered into the Muslim society and spread over the whole society silently and very strongly. Being an unpleasant custom, dowry system like a virus is absorbing peace, good order and tranquility of the society. It has been a curse for the women and accordingly for the society. “Dowry System which is not under Islamic Law or Religion has Lowered Women’s Status in Society” is my research topic. I am for the topic. The objective of the research is to clarify that dowry system is not under islamic law and it has lowered the status of women. and to find out the proper way through which we can get rid of this evil system.
Framework of the Study:
The intention of this research is to assess whether dowry system has lowered the status of women in the society and whether it is under Islamic law. In order to provide a thematic understanding of the subject, I analyzed my topic in a religious and a sociological approach. First of all we shall try to examine the marriage as an institution and its necessity then the subsidiary the marriage- dower and dowry. And Historical evolution and necessity of them. Next, we shall try to show that dower is a blessing for women and dowry is a curse for them. What the effects of dowry system are and how it has demeaned and lowered the status of women in society. The next heading explores the reasons for growth of dowry system and focuses on the matter that can a person demand a specific right denying its correlative duties and other commandments? Finally we shall try to find out the proper way how can we get rid of such an unpleasant custom and what will be the solution to this problem including some comments of the specialists in respective area and common people.
Methodology:
As I have already stated in my introductory speech that dowry is an evil, evil system and has brought out as a curse. It creates many problems. It breaks the family ties and paves the way of gender discrimination. Dowry system is not recognized in the Islamic law or religion. But it is embedded in the Muslim society as a virus. It has demeaned and lowered the status of women in society. In view of this premises, I shall need to focus particularly on the notion that dowry system is not under Islamic law and it has lowered the status of women in the society. In order to doing so I have taken the following steps-
Library work that also called theoretical study of the matter concerned, which includes among others the following study. Namely –
a) Reading different books regarding the topic
b) The decisions of the courts
c) Different materials given in internet
? Data based, which includes the following matters
a) Physical study that means practical experience by conversing with different lawyers who have been working in different tribunal.
This is also known as empirical study which can be discuss in two ways namely
1. Quantities’ and
2. Qualitative
The above initiative is taken by me for the completion of my research monograph. In additions to the above mentions methods I have try to understand the lecture of my honorable course teacher regarding the subject matter which helps me more to do a conclusive work in the subject matter of my research.
Introduction
A dowry is a gift of money or valuables given by the bride’s family to the groom and the newly formed household at the time of their marriage. There are many kinds of unpleasant and harmful customs in Bangladesh as well as in this subcontinent. Dowry is the most common unpleasant custom of those. Through this custom the bride has to give a large amount of money, furniture, ornaments and many things to the bridegroom. It is a very terrible situation for the society. Women & their family suffer a lot for this dowry system. The modern feature of dowry means the transmission of large sums of money, jewellery, cash, and other goods from the bride’s family to the groom’s family.
However Dowry is an evil, evil system and has brought out as a curse. It creates many problems. It breaks the family ties and creates several kinds of gender discrimination. It has degradated and lowered women’s status in society. A woman is considered to be a great burden mainly because of the dowry system. Even today the birth of a female child is viewed as a curse. As soon as a daughter is born, the family in general and the father in particular starts calculating the huge financial burden that lies ahead of him. It is common to see people rejoicing over the birth of a son and lamenting over the birth of daughter. The reason why people prefer male children over female children is mainly due to cultural practices such as dowry.
The custom of giving dowry (jahaz) is not part of Islam, although it actually seems to be on the increase among several Muslim cultures, notably those of Indian, Pakistani and Bangladeshi origin, even when they have settled in the UK. In fact, it is a practice which has never been sanctioned by Islam and is not prevalent amongst Muslims of other cultures. It seems to be in imitation of ancient Hindu culture in which daughters were not given any share in the family property, but were given payments, part of which might be in the form of household goods, as a measure of compensation. Islam granted daughters a rightful share in their family property and inheritance.
The dowry system is not recognised in the religion or the law of the Muslim societies but has spread into it. Conversely, Islamic law provides dower to enhance the status of women. Why should Muslim women, who are supposed to be protected by dower, become victims of dowry?
*Marriage as an institution:
Marriage – The institution whereby men and women are joined in a special kind of social and legal dependence for the purpose of founding and maintaining a family; an intimate or close union. Marriage is organizer of natural desires. It is as a way to handle natural inclinations such as sex drives and urges to procreate as well as to meet daily needs. Marriage is a social good. Marriage and family is essential for the good of the larger society – particularly in bringing up children. It is an institution given by God at creation for the good of couples, children, society, state, schools and the common social life. Marriage is sacrament and covenant. Christianity, Islam and Judaism all have hierarchical patterns of marriage commitment to parallel man’s faithfulness to God.
Marriage is a family social institution for a man and woman to provide a safe lifestyle and environment for the perpetuation of the human race, the institution of marriage was created by various societies based upon an agreement by a man and woman to become husband and wife. Within this system of dealing with responsibilities and safeguards of property rights and family lines, the family unit of husband, wife and children born to them, establish, preserve and maintain morals. They also cultivate, improve and perpetuate our civilization, legal, social and ethical codes both explicitly and implicitly.
Marriage is recognized in Islam as the basis of society. It is a contract, but it is also a sacred covenant. Marriage as an institution leads to the uplift of man and is a means for the continuance of the human race. Spouses are strictly enjoined to honour and love each other. It is a contract of the legalization of intercourse and the procreation of children. Ameer Ali cites an ancient text defining its objects as follows: ‘Marriage is an institution ordained of the protection of society, and in order that human beings may guard themselves from foulness and unchastity. The objects, therefore, are the promotion of a normal family life and the legalization of children.
Marriage is a social union or legal contract between individuals that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged by a variety of ways, depending on the culture or demographic.
Marriage is a social contract between two individuals that unites their lives legally, economically and emotionally. Societies throughout history, as a whole, have upheld and maintained the concept that marriage is a powerful commitment between a man and a woman to become husband and wife. That commitment has peripheral legal and personal responsibility factors.
Marriage literally means joining together. Marriage, in the Quran, has been described as (hisn) that is, a fort, meaning the protection it affords-social, physical and moral, to the couple joined together in wedlock.
Marriage is a contract which has for its design or objects the right of enjoyment and the procreation of children. But it was also instituted for the solace of life, and is one of the prime or original necessities of man. It is therefore lawful in extreme old age after hope of offspring has ceased, and even in the last or death illness.
Seen from the religious angle, Muslim marriage is an ibadat (devotional act). The Prophet is reported to have said that marriage is essential for every physically fit Muslim who could afford it. Moreover, the following traditions may also be considered:
“He who marries completes half his religion; it now rests with him to complete the other half by leading a virtuous life in constant fear of God.”
“There is no mockery in Islam.”
“There are three persons whom the Almighty Himself has undertaken to help- first, he who seeks to buy his freedom; second, he who marries with a view to secure his chastity; and third, he who fights in the cause of God.”
“….whoever marries a woman in order that he may retain his eyes-God putteth a blessedness in her for him, and in him for her.”
The Prophet is reported by some of the writers to say that marriage is equal to jehad (holy war); it is sinful not to contract a marriage, it is a Sunnah; and it is obligatory on those who are physically fit.
The beginning of marriage as a necessary social institution was first recognized from a religious point of view. This view has gradually shifted to that of a civil point of view, while still retaining the original religious influences.
Keeping in view the above traditions and discussion we could say: marriage is a very important social institution. There are many reasons including biological necessity and human necessity for growth of this institution. There would be a gross chaos in the society if there is no availability in the society. It is necessary to keep the society in peace and order and to refrain from chaos. It is the only way to check adultery, concubinage and prostitution, and many sexual offences which gave become so common today. Having been aware of necessity of the intuition of marriage, now it comes to the point of subsidiary to marriage.
*Subsidiary to marriage: Dower and Dowry:
Definition of Dower:
According to Muslim Law marriage is not only a religious sacrament but also a civil contract and the dower is necessary result of it. Where there is marriage there is dower although the dower is not part of the contract of marriage. Dower is a consequence of marriage whether it is stated at the time of the contract of marriage. Mahr is the Arabic term of dower. In Bangla it is called Denmahar.
The Mahr/Dower is something that is paid by the husband to his wife. It is paid to the wife only as an honour and respect and to show that he has a serious desire to marry her and is not simply entering into the marriage contract without any sense of responsibility and obligation or effort on his part. It is also a provision for her rainy days and socially it became a check on the capricious exercise by the husband of his unlimited power of divorce.
Dower is not exchange or consideration given by the husband to the wife for entering into the contract of marriage, but it is an effect of the contract of marriage imposed by law on the husband as a token of respect for its object- the woman.
Abdur Rahim rightly says, “it is not a consideration proceeding from the husband for the contract of marriage, but is an obligation imposed by the law of the husband as a mark of tespect for the wife as evedent from the fact that the non-specification of dower at the time of marriage does not affect the validity of marriage.”
Allah says in the Qur’an:
“Wa aatoo an-nisaa’a saduqaatihinna nihlatan… And give the women their dower with a good heart… ”
This verse is addressed to the husband because it is their responsibility to pay the dower. This verse shows that the dower must be given to the wife and should not be given to the guardians. There are other verse which shows the obligation to pay dower to the wife.
Regarding dower there are 3 different views. One is that in its incidents it is similar to Donatio propter Nupteas of the Romans. Second that it is given by the husband to the wife as a mark of respect; and Third that it is a device to control the unfettered power of the husband to divorce his wife. According Islamic law where there is a marriage there is a dower. It is a bridal gift. It is a token of respect to the bride.
Definition of Dowry:
Dowry is a new phenomenon for the Muslim communities in Bangladesh, with enlarged effects after independence. For the Hindu community also, its impact was not so widespread before liberation. Some authors in Bangladesh are claiming that dowry has become an essential criterion for marriage in every community and is near universal in Bangladeshi society. The simple gesture of jamai ador or special affection shown to the bridegroom has been transformed to the shape of daabi or demand by the bridegrooms. Even poor men are taking this chance of exploiting the bride’s family to improve their fate from poverty and unemployment. This is making marriage a commercial transaction, giving more value to property and money than the bride herself.
There is considerable debate what constitutes dowry in its various forms. The confusion is more acute as in the societal context dowry is differently defined than in anti-dowry law. In a patriarchally dominated social context dowry refers to property given to the bridegroom and his family but the anti-dowry law regards it as the exclusive property of the bride. The modern phenomenon of dowry, property given or agreed to be given to the bridegroom or his relatives, does not tally with the earlier concepts of bride-price and with the customary concepts of giving property to the bride herself.
Confusions of Dower and Dowry:
It is important to note that until now authors confuse dower with dowry. Perhaps the aspect of women’s property or stridhanam in Hindu law and dower as the exclusive property of the wife are seen as synonymous. When dowry is regarded as stridhanam or pre-mortem inheritance for women, contradictions arise and the equation of dowry with stridhanam has been disputed by several authors. They argue that the situation is absolutely reverse, as dowry is not a gift to the wife or her exclusive property but the property of her in-laws. The anti-dowry law stated that property given as dowry belongs to the wife but later on amended the law. However, the misconceptions still lingers on that she has been paid dowry than why should she be a part and parcel of the succession? There is an enormous difference between dowry, bride-price and mahr. Many books and articles on the subject confusingly use the word dowry to mean mahr, but in fact the correct word for dowry is jahaz, and its function is totally different.
Historical Evolution of Dowry & Dower:
Dowry:
Bangladesh suffers from some evil culture and superstitions. Dowry system is one of the worst evil cultures in this society. A dowry is a gift of money or valuables given by the bride’s family to the groom and the newly formed household at the time of their marriage. It has been an ancient and widespread practice. This bad culture is found and practiced more or less in communities of the country.
Dowry is derived from the ancient Hindu customs of “kanyadan” and “stridhan”. In “kanyadan”, the father of the bride offers the father of the groom money or property, etc. whereas for “stridhan”, the bride herself gets jewelry and clothes at the time of her marriage, usually from her relatives or friends. In “varadakshina”, the father of the bride presents the groom cash or kind. All of these could be done voluntarily and out of affection and love.
The Hindu marriage system is sacramental. According to this system, a marriage is forever, and there is no scope for a separation. Among the various ceremonies previously practiced, the ceremony in front of a “godly” fire (“Yajna” in Sanskrit) has taken over, the antiquated system of “marrying a wife by capture. This form of marriage began the practice of dowry, where originally, the family of the bride would accept gifts and money from the groom’s (potential conqueror’s) family as an alternative to bloodshed during the capture of the bride. A later modification of this system has paved way for the present dowry system primarily practiced by the society.
The modern phenomenon of dowry in South Asia is its abuse as an inducement for a man to ma