XI. LECTURE after the contract, the addition is binding on him, that is, when the woman has accepted the addition; and it makes no difference whether the addition be of the same kind as the original dower or not; or whether it may be made by the husband or by his guardian. The addition is not a gift, as supposed by Zufr, requiring possession to render it complete, but an alteration of the terms of the contract in a non-essential matter within the power of the parties, and like an addition to the price in sale, becomes incorporated with the original dower. It, nevertheless, falls to the ground when the woman is repudiated before consummation. Thus, an addition to the dower is perfected in the same way as the original, that is, by one of three causes, viz., consummation, valid retirement, or the death of one of the married parties; but if a separation of the parties should take place without the occurrence of one or other of these three causes, the addition is void, and it is only the original dower that is halved, according to Abú Hanífah and Muhammad.-Fatáwá Alamgírí, vol. i, page 441.B. Dig., pages 111 & 112. Principle. CCLXVIII. When a man has married two women on one dower of a thousand, it is divided rateably among them in proportion to their (mahr-i-misl) or proper dower (i). (i.) And if both are repudiated before consummation, half of one thousand is to be divided between them in the same ratio. If only one of the women should accept the contract, the marriage would be lawful as to her, and the thousand be divisible in the same manner, so much of it as corresponds to her proper dower being the specified dower for her, and the share of the other reverting to the husband. But if the marriage should prove invalid as to one of them, the whole of the thousand would belong to the other, and if consummation should take place with her whose marriage is invalid, she would be entitled to her proper dower, according to Abú Hanífah; and this is correct. Fatáwá Alamgírí, vol. i, page 438.-B. Dig., pages 108, 109. If a man should marry a woman for one of his slaves, or shirts, or turbans, the assignment would be valid, and he would be liable for one of them of medium value.Ibid. CCLXIX. When a man has married a woman LECTURE XI. on a dower of something distinctly specified, and it happens to perish before delivery, or a third party Principle. establishes a right to it, she may have recourse to her husband for a similar of the thing, if it belonged to the class of similars, or otherwise for its value.* CCLXX. Dower is usually divided into two Principle. parts: 1-Prompt (muajjal), which is payable immediately, and 2-Deferred (mowajjal), which is not payable until the husband's death, or dissolution of marriage (j). Vide Select Reports of the Sudder Dewanny Adawlut of Calcutta, vol. i, page 278. CCLXXI. The realization of the muajjal part, Principle. which is generally fixed to be half of the whole dower, is, however, purposely† postponed; and if this portion of the dower is postponed in the husband's lifetime, still the woman's right to claim it is not extinguished. It has been determined by the Privy Council that, though a woman's dower should be payable on demand, she is not obliged to sue for it immediately, nor in the lifetime of her husband.‡-Moore's Indian Appeals, vol. vi, page 229. CCLXXII. A woman may resist consummation Principle. until she be paid in full the prompt portion of her dower (k). ANNOTATIONS. cclxxii. A woman may refuse to admit her husband to carnal connection until she receive her dower of him, so as that her right may be maintained to the return, in the same manner as that of her husband to the object for which the return is given, as in sale.-Hidayah, vol. i, page 150. *This follows the analogy of sale, where the thing sold is at the risk of the seller till delivery. † Vide Preliminary Remarks, pages 341 & 342. It may, therefore, be inferred that the time for the limitation of a suit for even the exigible part of a woman's dower does not begin to run until the dissolution of the marriage.-B. Dig., page 92. LECTURE Principle. Principle. (k.) A woman may refuse herself to her husband, as a means of obtaining payment of so much of her dower as is muajjal, or prompt; and in like manner, her husband cannot, until such payment has been made, lawfully prevent her from going out of doors, or taking a journey, or going on a voluntary pilgrimage.-Fatáwá Alamgírí, vol. i, page 447. -B. Dig., page 125. Though the husband should give his wife the whole of her dower except one dirm, she may refuse herself to him, and he cannot demand back from her what she may have already received.-Ibid. A woman is also at liberty to resist her husband carrying her upon a journey until she have received her dower of him for the same reason.-Hidayah, vol. i, page 150. A young girl, having been contracted in marriage, goes to her husband before possession has been taken of the sadák, or dower: in such circumstances, the person who had the power of keeping her in the first instance before the marriage, is entitled to take her back to his house, and refuse her to her husband until he pay the dower to whomsoever may be entitled to receive it.-Fatáwá Alamgírí, vol. i, page 448.-B. Dig., pages 125 & 126. And when a paternal uncle has contracted his brother's young daughter in marriage at a specified dower, and has delivered her to her husband before possession has been taken of the whole dower, the surrender is invalid, and she is to be restored to her home.-Ibid. CCLXXIII. Where a part of the dower is prompt, and part of it deferred, and the woman has obtained the prompt; or when, after the contract, she has allowed it to be deferred to a known or definite term, she has no right to deny herself.— Fatáwá Alamgírí, vol. i, p. 449.-B. Dig., page 128. CCLXXIV. If the whole be mowajjal, or deferred, the woman is not at liberty to refuse the embraces XI. of her husband, as she has dropt her right by agree- LECTURE ing to make her dower mowajjal.-Hidayah, vol. i, page 150. CCLXXV. Dower is confirmed by one of three Principle. things, consummation, a valid retirement, and the death of either husband or wife; and that, whether the dower be named, or be the proper dower (mahr-imisl). After this no portion thereof is dropped, except by relinquishment by the rightful party.*-Fatáwá Alamgírí, page 428.-B. Dig., page 96. CCLXXVI. In the case of dower being named Principle. or mentioned in the contract, half of it becomes due to the wife upon her being divorced before consummation or valid retirement (a), while the whole thereof becomes receivable upon her being divorced after consummation or valid retirement (b), or on the death of her husband as well as of herself (c). (a.) Half of it (that is half of the dower) named, becomes due upon divorce taking place before consummation or valid retirement.-Jámi-ur-Rawúz, vol. ii, page 261. (b, c.) The dower named or mentioned (in the contract) is due upon divorce after consummation as well as upon the death of either party. And half of it (i.e., the dower named) becomes due upon divorce before consummation or valid retirement.-Sharh-ul-Vikáyah, vol. ii, page 343. (c.) If the dower is named, it becomes due upon the death of any of them two, that is husband and wife; because death is like consummation with respect to dower.-Ibid. ANNOTATIONS. cclxxiv. When the dower is mowajjal, or deferred, to a known or definite term, and the term has arrived, she cannot deny herself for the purpose of obtaining payment of her dower, according to the Principles of Abú Hanifah and Muhammad.-B. Dig., page 128. * The portion in italics is omitted by Mr. Baillie. XI. LECTURE (a.) If the husband, in the case now stated, were to divorce his wife before consummation, or vaild retirement* [khalout-i-sahih], she, in this case, receives half of her specified dower,-God having commanded, saying, "If ye divorce them before ye have touched them, and have already settled a dower on them, ye shall pay them one-half of what ye have settled."-Hidayah, vol. i, page 124. Principle. (b.) If a man retire with his wife, and there be no legal or natural obstruction to the commission of the carnal act, and he afterwards divorce her, the whole dower in this case goes to her.-Ibid, page 127. (b, c.) If a person specify a dower of ten or more dirms, and should afterwards consummate his marriage, or be removed by death, his wife, in either case, has a claim to the whole of the dower specified, because, by consummation the delivery of the return for the dower, namely, the Buza, or woman's person, is established, and therein is confirmed the right to the consideration, namely, the dower; and on the other hand, by the decease of the husband, the marriage is rendered complete, and every thing becomes established and confirmed by its completion, and consequently is so with respect to all its effects.-Hidayah, vol. i, pages 123 & 124. But, CCLXXVII. In the case of the dower not being mentioned in the contract, or being stipulated not to be paid, the wife is entitled to only a present (mutat)-if divorced before consummation or valid retirement, and to the proper dower (mahr-i-misl) upon her being divorced after consummation or valid retirement, as well as at her own or her husband's death, either before or after consummation or valid retirement (d). * Valid retirement solus cum solâ, where there is no legal or natural impediment to the consummation of the carnal act. It is also translated by 'complete retirement.' Vide post, p. 357. A mutat, or present, consists of three articles of dress-a kumees, or shirt; a mulhaffat, or outer garment, and a mikna, or head-dress, of medium quality, neither very good nor very bad. This is according to their practice, but in ours regard is had to our own usage. And if the husband should |