The High Court in the full text of its verdict has observed that the landed property may take the form of dower under Islamic principles and anyone including husband's father may undertake to pay or transfer such dower.
The High Court bench of Justice Sheikh Hassan Arif and Justice Ahmed Sohel made the observation in the verdict referring to two scholars of Islamic Foundation, Bangladesh who gave their opinions in the court as amici curiae.
The court said, "According to the opinions of the Islamic scholars, a dower may be in 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."
"According to them, it is the dictate 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 HC observed in the full text published recently on the Supreme Court website.
"The scholars have further stated unanimously that the liability to pay dower may be undertaken 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," the verdict reads.
According to the verdict, Farhana Firdous of Sunamganj district got married with someone on July 11 in 2005 with a fixed dower of Tk 500,001. She was paid a portion of dower in cash and for the remaining portion, her husband in the 'kabinnama' pledged to transfer nine decimals of land in favour of his wife.
But at one stage of their conjugal life, her husband left for England and stopped communicating with his wife. His wife then demanded the remaining portion of the dower including nine decimals of land, which was refused by her father-in-law.
Under such circumstances, the wife filed a suit with the Second Court of Joint District Judge, Sunamganj seeking a decree in her favour in respect of the said nine decimals of land. After hearing the parties, the lower court decreed the suit in favour of the wife.
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