Gulam Rabbani :
The High Court in an observation said the landed property may take the form of dower, under Islamic principles, and anyone, including the father of the husband, may undertake to pay or transfer such dower in favour of bride.
The observation came into a full text of a verdict delivered by the High Court bench of Justice Sheikh Hassan Arif and Justice Ahmed Sohel.
The High Court bench delivered the short verdict on September 26 in 2021, while the full text released recently in the Supreme Court website.
Referring to two scholars of Bangladesh Islamic Foundation who opined in the court as Amici, Curiae the High Court said, “From the above opinion of the said islamic scholars, it appears that the landed property, being a valid property under Islam, may take the form of dower under Islamic principles, and anyone, including the father of the husband, may undertake to pay or transfer such dower.”
“According to them, a dower may be of any form, cash, kind or in the form of property or any other valuables, and it is the right of the wife and obligation of the husband to pay or transfer the dower in favour of the wife at the time of marriage or thereafter,” also observed the full text.
“According to them, it is the doctirne of Allah as well as Hazrat Muhammad (SM) that the dower must be paid by the husband and unless and until it is paid, it will remain as the loan or liability on the husband,” the full text also observed.
“The said scholars have further stated unanimously that the liability to pay dower may be under-taken by the father, brother or any relatives or anyone else on behalf of the husband and it could be paid in the form of cash, valuables and land etc,” also read the verdict.
According to the verdict, Farhana Firdous of Sunamganj district got married with someone on July 11 in 2005 with a fixed dower of Tk 5,00,001. She was paid a portion of dower in cash and for the remaining portion the husband in the kabinnama pledged to transfer 9 decimal lands in favour of wife.
But one stage of their conjugal life the husband left for England and stopped all kinds of communications with wife. The wife then demanded the remaining portion of the dower including the said 9 decimal lands, which was refused by the father of the husband.
Under such circumstances, the wife filed a suit with the Second Court of Joint District Judge, Sunamgonj seeking a decree in her favour in respect of the said 9 decimal land. Thereupon, the lower court after hearing the parties, decreed the suit in favour of the wife.
Being aggrieved by such preliminary decree, the father and mother of the husband preferred to file appeal with the High Court.
The High Court, after hearing the parties, rejected the lower court’s decree as it was not the right forum to give any decision over the issue.
The High Court, however, asked the wife to file a fresh suit within a period of four months from receipt of the copy of this judgment in respect of the same land seeking a decree of dower before the Family Court concerned under the Family Court Ordinance, 1985.
The court said, “Therefore, it appears that a wife is entitled to file a suit claiming a decree of dower before the Family Court established under the Family Court Ordinance, 1985.”
