Dowry
Dowry
Dowry
Introduction
There has been a growing interest in India in the last three decades
to explore and highlight issues concerning the status of women.
One of these is the practice of dowry, which—although with a
long history in India—came into the limelight only with the en-
actment of the Dowry Prohibition Act 1961. Since then, a vast
What is Dowry?
‘Dowry’ is an ambiguous word, having no standard and uniform
definition, and connoting different meanings in various socio-
cultural contexts. In order to define it, it is necessary to distinguish
it from another English word: ‘trousseau’. Even though there is
Dowry has deep roots in social structures and is linked with vari-
ous social institutions. Sociologists and social anthropologists have
pored over different factors of the practice of dowry in different
societies. Some social anthropologists have attempted to formulate
overarching explanatory schemes. M. Spiro (1975) is of the follow-
ing opinion:
There are some other social factors that play a role in dowry
practice, like demonstrating or displaying one’s wealth and
asserting or establishing one’s prestige, hoping to secure prospec-
tive grooms for other daughters. Dowry, in fact, ‘is a long estab-
lished practice and is part of ideology and lifestyle of higher castes
and classes in India’ (Karve 1968: 46). Adivasis and people of lower
castes and classes used to practise a system of bride-price, which
they have given up, having adopted the higher castes’ practice of
dowry in the recent past (Srinivas 1984). Thus, dowry has now
become an all-India phenomenon.
Jahez is an Arabic word derived from the root word jahz or jahzah,
meaning ‘to make certain things available for a purpose’. There
are many variations of this root word, such as tajahaz-ul-safar, which
refers to essentials for travel; tajheez, referring to essentials for
burial; and jahz-ul-urus, referring to the essentials for the outfit of
a bride. The word is now commonly used for different kinds of
gifts presented by the bride’s parents in consideration of her mar-
riage (see Ghori 1985; Kondu 1989; Qasmi 1986).
Ghori (1985: 29), an Islamist, has classified jahez into two cat-
egories. The first, he says, consists of some essential articles for
the outfit of a bride as well as for conjugal life. The other category
of jahez is made up of valuable goods, clothes, an amount of money
settled after bargaining, lavish food and other types of hospitality
for the barat (people accompanying the bridegroom to the bride’s
home for the marriage). This classification is akin to the distinction
between trousseau and dowry, as has been explained earlier.
Ghori further says that the first kind of jahez is a very old and
established practice among Indian Muslims. Although Muslim
ulema (theologians) have allowed this kind of jahez, they always
advised Muslims not to cross a limit (Ghori 1985: 5). However, we
do not have any evidence for the prevalence of the practice of
jahez among Arabs. Prophet Muhammad did not receive jahez in
any of his marriages, nor did he present any in the marriages of
his daughters except for the youngest, Fatima, who was married
to the Prophet’s younger cousin, Ali. While quoting many bio-
graphies of the Prophet, Ghori explains the contents of the jahez
and the reasons for presenting it. The jahez of Fatima, or jahez-e-
fatimi as it is popularly called, consisted of very simple articles,
like a cot woven with jute twine, a leather mattress stuffed with
date leaves instead of cotton, a flour grinder, two pitchers, as well
as leather bags used for carrying water (ibid.: 30). There were two
major reasons that probably led the Prophet to present jahez to his
youngest daughter. First, Ali was living with the Prophet since
age 4. Therefore, the Prophet was not merely his older cousin, but
also his guardian. Second, Ali did not own anything when the
Prophet married his daughter to him. He did not even have an
independent house. Thus, a companion of the Prophet, Haris Bin
Noaman, offered one of his houses to Ali. Given these circum-
stances, the Prophet presented his daughter some articles essential
for starting conjugal life. This was not intended to either establish
or legitimise any practice of jahez. Hence, it would be unIslamic to
use this as an example to justify the practice of jahez, prevalent
among Muslims in contemporary society (ibid.: 31).
The second type of jahez, Ghori says, is a recent phenomenon
among Indian Muslims, and mostly prevalent in south India, in
before, at the time of, or shortly after the marriage, and tradition-
ally goes to the husband, his family, the bride and/or the bridal
couple (local customs defining recipients). (Carroll 1983: 218)
For several years past it has been the cherished desire of the
Muslims of British India that Customary Law should in no case
take the place of Muslim Personal Law. The matter has been
repeatedly agitated in the press as well as on the platform. The
Jamiat-ul-Ulema-i-Hind the greatest Moslem religious body has
supported the demand and invited the attention of all concerned
to the urgent necessity of introducing a measure to this effect.
Customary Law is a misnomer in as much as it has not any
sound basis to stand upon and is very much liable to frequent
changes and cannot be expected to attain at any time in the future
that certainty and definiteness which must be the characteristic
of all laws. The status of Muslim women under the so called
Customary Law is simple disgraceful. All the Muslim Women
Organisations have therefore condemned the Customary Law
as it adversely affects their rights. They demand that the Muslim
Personal Law (Shariat) should be made applicable to them.
The introduction of Muslim Personal Law will automatically
raise them to the position to which they are naturally entitled.
(p. 15.2)
The Muslim Personal Law Bill No. 39 of 1935, which was intro-
duced by a member of the Punjab Legislature in the Federal Legis-
lative Assembly of India, was taken up for consideration in 1937
and it generated substantial controversy. ‘In particular there was
a strong opposition from landowning classes in the Punjab on the
grounds that the bill would ruin agriculturists’ (Agarwal 1999: 39).
The Muslim landlords of Punjab won and agricultural land was
placed out of the scope of Muslim Personal Law Act of 1937 (see
Tyabji 2004). Thus, the application of the Act stands:
The day son passes [his] B.A. and gets white collar employment
parents become anxious to marry their son in wealthy family.
The greater the amount of education of prospective grooms,
the higher will be the dowry demand of their parents. Some
even demand ten thousand [rupees] with [a] motor, while others
say that they do not want money but only motor. However, this
is an intelligent excuse on the parts of the groom’s parents. In
fact, their real expectations are such that they should get both
money as well [as] motor.
As a consequence:
(b) the demand for these articles has steadily increased. Rizvi
and Roy (1984: 59), who studied this phenomenon in Lucknow,
state that:
Since independence a lot of change has taken place and this
simple and tasteful [jahez] has undergone many changes and
various household articles have been added to the list of Jahez.
Heavy copper vessels used for every day cooking, dining room
furniture along with gadgets like sewing machines, refrigerator
and electrical household appliances are now demanded and
included in Jahez. This gradual increase of Jahez has lead (sic)
hardships in Muslim families as many of them find it beyond
their means to meet the demands of Jahez.
A similar phenomenon is reported by Patricia Jeffery in her
study of the Pirzada community of Basti Nizamuddin of Delhi. In
the past, they used to give very simple dowries ‘containing a bed
with its embroidered sheets, quilts and pair of pillows, a metal
jug, drinking bowl and one piece of gold jewelry’ (Jeffery 1979:
57). Now, dowry has become expensive and a serious problem for
those parents who cannot afford it. Families of grooms also demand
the inclusion of various articles of their choice. One woman told
Jeffery during her fieldwork:
They [the groom’s family] began to tell us what we should put
in the dowry, a particular make of sewing machine, scooter and
the like. Apart from anything else, we have others daughters to
marry and cannot afford to give so much. But it is shameful for
people to ask like that. What’s more they refused to set any
sum for marriage settlement so at that point, we called the match
off. We have heard since that the boy was married to another
girl but that she was sent back to her parents after only a few
months. Thanks to the God that did not happen to our daughters
[sic]. (ibid.: 57)
Qamar Uddin (1972: 214) describes the contents of and the bar-
gaining for dowry among rural Muslims of western Uttar Pradesh:
The last ceremony of marriage is Vidaa, meaning literally ‘seeing
off’. The bride’s people are expected to give household goods
The demand for dowry is more acute in areas where the cus-
toms of tilak and gode-ki-jode-ki-raqam (a marriage custom practised
by Muslims of Andhra Pradesh and nearby places) are prevalent
among Muslims. Tilak is common to both Hindus and Muslims in
parts of Bihar and Bengal. This custom makes it obligatory for the
bride’s parents to offer costly gifts and a settled amount of cash to
the groom before the marriage ceremony, being the amount fixed
according to the socio-economic status of the groom. Demand for
tilak and extravagant expenditure on marriages have increased
manifold in the past three decades. It has caused unbearable hard-
ships to brides’ parents and, consequently, led many people to
condemn this growing menace. The following letter, addressed
especially to Muslim youths and written by Nafees Ahmad Saleem
(1987) of Bhagalpur to Khatoon-e-Mashriq (an Urdu women’s maga-
zine), Delhi, indicates how the growing demand of tilak and dowry
is affecting Muslims of Bihar and Bengal:
Notes
1. Islamic laws of inheritance are comprehensive but not uniform. The rights of
property inheritance differ among males and females from one school of Islamic
law to another.
There are two principal Schools of Islamic Law prevalent in Indian sub-
continent: the Hanafi school governing the Sunni Muslims and the Ithna
Ashari Shiite school governing Shia Muslims. Today a vast majority of
Muslims in India, Pakistan and Bangladesh belong to the Sunni sect and
are governed by the Hanafi school, while a small percentage are Shiites
governed by the Ithna Ashari school. (Agarwal 1999: 36)
Broadly, under Hanafi law, heirs are divided into three major categories: agnatic
heirs who are almost all male, Koranic heirs who are mostly female, and ‘distant
kindred’, which includes blood relations who are neither agnatic nor Koranic
heirs. The ‘distant kindred’ tend to be either women or connected to the de-
ceased through a female link: for example, daughter’s children, son’s daugh-
ter’s children, daughters of male agnatic collaterals, children of female agnatic
collaterals, paternal and maternal aunts and their children, maternal uncles
and their children, and so on. These relatives are ‘distant’ not necessarily in
terms of their blood relationship with the deceased, but in terms of the likeli-
hood of their ever coming into a share of the inheritance. The three categories
of heirs—agnatic, Koranic and distant kindred—together comprise the blood
relations of the deceased and relations by marriage (namely, the husband or
the wife). In terms of the shares allotted, the implicit rule is: ‘Keep the bulk of
the property for the [male] Agnatic heirs ... the persons whose rights were
always recognized by tribal [pre-Islamic] law, and respect the Koranic pro-
visions by giving specific shares to the persons mentioned in the Koran’ (Fyzee
1974: 399, emphasis original).
In specific terms, the shares of particular heirs under the Hanafi school are
as follows: A daughter who is an only child receives a half share of the deceased
parent’s estate as a Koranic portion, and is excluded by no other heir. If there
are two or more daughters and no sons, they jointly get a two-thirds share,
which is divided equally among them. The presence of a son who is an agnatic
heir, however, converts a daughter’s right from that of a Koranic heir to an
agnatic co-sharer, which means she gets half of what the son gets. Sons and
daughters are excluded by no other heirs. Similarly, a husband and wife, as
Koranic heirs, are excluded by none: The husband receives a one-fourth share
of his deceased wife’s property if there is a child or a son’s descendants, and a
half share if there are no such heirs. A widow, likewise, receives either one-
eighth or one-fourth of the husband’s estate, depending on whether there is a
child or son’s descendants. If there is more than one widow, their collective
share is one-eighth (or one-fourth, as the case may be), shared equally among
them. Full sisters and consanguine sisters also share as Koranic heirs, but can
get excluded by male agnatic descendants and ascendants, as can uterine sisters
under specific circumstances. The mother gets a basic Koranic share of one-
sixth, as does the father.
The Shia law of succession is noted to differ from the Sunni law, especially
in the following respect (Carroll 1985; Tyabji 1968): no relative of the deceased
the Hanafis take the Quranic alterations of the pre-Islamic customs literally,
and the Shiites take them as illustrations of underlying principles. The
former let the substratum of the customary law stand unaltered except to
the extent to which it is definitely altered by the express provisions of the
Quran. The Shiites take each instance mentioned in the Quran as speaking
not only for itself but as indicating the possible principles.
The Shia system, thus, has more positive implications for women’s inheritance.
In general, though, all schools of Islamic law recognise Muslim women’s
inheritance rights on immovable property, although unequal to those of men.
These rights also have some degree of protection from testation. Among the
Hanafi Sunnis, for instance, an estate (in full or in part) cannot be willed to an
heir without the consent of all other heirs, but a maximum of a third of the
estate can be willed to a stranger without the consent of the heirs. Under Shia
law, bequest to heirs or non-heirs of up to a third of the property is permitted
without the consent of other heirs (Agarwal 1999: 36–38).
2. After the formation of Pakistan, the Muslim Personal Law (Shariat) Application
Act 1962 was enacted, which extended to the whole of West Pakistan, except
the tribal areas of the North West Frontier Province. ‘This 1962 Act, abrogated
custom as the basis of Law and legally entitled the Muslim Women to inherit
the agricultural property as full owners (and not just as life interest), as pre-
scribed by the Shariat’ (Agarwal 1999: 40–41). The Muslim Personal Law Act
1937 is still operative in India. Although the Act is not:
were earlier part of the Former Hyderabad state, and where custom at
variance with Mohammedan law was not admitted even prior to the 1937
Shariat Act (Mulla 1990: 11). But in the states of northwest India, the pro-
visions of the Act have not been extended to include agricultural land, and
in most of these states, such as Delhi, Haryana, Himachal Pradesh, Punjab,
and Uttar Pradesh, customs governing the devolution of agricultural land
prior to the Act still continue to do so. (Agarwal 1999: 41)
3. Multani lohars traced their origin from Uzbekistan from where they came to
Multan some time during the 16th century. They were blacksmiths in Uzbekistan,
manufacturing agricultural tools and implements, and were known as temorchi
(blacksmith). In the wake of Akbar’s invasion of Sind, there followed a large-
scale migration of people from Multan to various princely states such as
Rewari, Bhopal, Jaipur, Bharatpur and Hyderabad (Deccan). Among those who
moved out were the Multani lohars. They were employed by rulers of these
princely states as manufacturers of war weapons and armour. Towards the
end of the 19th century many of them came to Delhi from different parts of
India. Around this time various factories and engineering workshops were
being established in Delhi. The Multani lohars got employment in these as
foremen, mechanics, turners and fitters. Some of them were also employed by
the Public Works Department and the Delhi Municipal Committee as road-
roller drivers. [A] few of them set up their own karkhanas. By 1947 there were
three of them owned by the karkhanedars. The Partition of the country de-
vastated the socio-economic base of Multani lohars like that of other Muslim
communities in Delhi. Many of them migrated to Pakistan, and soon recovered
from the shock to regain their lost socio-economic status. In Delhi opportunities
emerged for their mechanical and entrepreneurial skills from 1955 onwards
due to increasing industrialisation and the ban on imports of certain machines.
Multani lohars exploited this opportunity and established their own karkhanas
for manufacturing various motor parts, machine goods and electrical items.
As a result, their economic condition improved in comparison to what it was
in pre-independence days (Rizvi 1976: 28–31).
4. ‘Karkhanedar is a vernacular term used for a person engaged in the business
of manufacturing of which he is generally the owner. A karkhana may be de-
fined as a workshop for manufacturing machinery or spare parts of machinery
in which not less than two and not more than thirty-five persons may be em-
ployed’ (Rizvi: 1976: 28).
References
Afzal, M.B. 1925. ‘Jahez’, Tehzeeb-e-Niswan (hereafter TN), 21 December.
Agarwal, Bina. 1999. Gender and Legal Rights in Landed Property in India. New Delhi:
Kali for Women.
Ahmad, Imtiaz. 1975. ‘Economic and Social Changes’, in Zafar Imam (ed.), Muslims
in India, pp: 231–55. Delhi: Orient Longman.
Ahmad, Imtiaz (ed.). 1976. Family, Kinship and Marriage among Muslims in India.
Delhi: Manohar.
Alavi, A. Hamza. 1972. ‘Kinship in West Punjab Village’, Contributions to Indian
Sociology (N.S.), 6(6): 1–27.
Ali, Liyaqat Maqbool. 1937. ‘Jahez ki Museebat’, TN, 24 July.
Ayub, Farkhanda. 1934. ‘Sasural ka Bartaw’, TN, 18 August.
Begum, Bilqees. 1918. ‘Mahroomul Virasat Ladkiyan’, TN, 19 June.
Bibi. 1925. ‘Jahez’, TN, 21 February.
Carroll, Lucy. 1983. ‘The Muslim Family in India: Law, Custom and Empirical
Research’, Contributions to Indian Sociology (N.S.), 17(2): 205–21.
———. 1985. ‘The Ithna Ashari Law of Intestate Succession: An Introduction to
Shia Law Applicable in South Asia’, Modern Asian Studies, 19(1): 85–124.
Comaroff, J.L. (ed.). 1980. The Meaning of Marriage Payments. London: Academic
Press.
Eglare, Zakia. 1960. A Punjabi Village in Pakistan. New York: Columbia University
Press.
Fyzee, A.A.A. 1974. Outlines of Muhammadan Law (fourth edition). New Delhi:
Oxford University Press.
Ghori, U.H. 1985. Islami Nizam-e-Muaashrat Aur Jahez ki Rasam. Delhi: Markazi
Maktab-e-Islami Press.
Goody J. 1973. ‘Bride Wealth and Dowry in Africa and Eurasia’, in Jack Goody
and S.J. Tambiah (eds), Bride-Wealth and Dowry, pp. 1–39. Cambridge:
Cambridge University Press.
Government of India. 1974. Towards Equality (Report of the Committee on the
Status of Women in India). New Delhi: Ministry of Education & Social Wel-
fare, Department of Social Welfare.
Imam, Zafar. 1975. ‘Some Aspects of the Social Structure of the Muslim Commun-
ity in India’, in Zafar Imam (ed.), Muslims in India, pp. 70–112. Delhi: Orient
Longman.
Jammu, P.S. 1976. Problem of Dowry in Punjab. Patiala: Punjabi University Press.
Jeffery, Patricia. 1979. Frogs in a Well: Indian Women in Purdah. London: Zed Press.
Khalidi, Omar 1995. Indian Muslims Since Independence. New Delhi: Vikas Pub-
lishing House.
Karve, Iravati. 1968. Kinship Organisation in India. Bombay: Asia Publishers.
Khairi, Rashidul. 1924. ‘Jahez ki Tashheer aur Runomai’, Ismat, 42(5): 38–40.
———. 1936. ‘Taqreer Haquq-e- Niswan’, Ismat, 3(1): 52–53.
Kishwari, Yunus. 1934. ‘Dulhe ki Taraf se Shart’, TN, 14 July.
Kondu, A.R. (ed.). 1989. Fitna-e-Jahez. New Delhi: Makataba-e-Qasmi Press.
Madan, T.N. 1975. ‘Structural Implication of Marriage in North India: Wife Givers
and Wife Takers among the Pandits of Kashmir’, Contributions to Indian
Sociology (N.S.), 9(2): 217–44.
Mair, Lucy. 1972. Marriage. Harmondsworth: Penguin Books.
Marriott, McKim. 1955. ‘Social Structure and Change in UP Village’, in M.N. Srinivas
(ed.), India’s Villages, pp. 106–21. Bombay: Asia Publishing House.
Menon, Indu. 1981. Status of Muslim Women in India. New Delhi: Uppal Publications.