Concept:
In Muslim Law, marriage (Nikah) is a civil contract. 'Mehr' (Dower) is an essential element of this contract.
• Legal Status: It is a sum of money or property that the wife is entitled to receive from the husband in consideration of the marriage.
• Purpose: It provides financial security to the wife and acts as a check on the husband's power of arbitrary divorce.
Step 1: Distinguishing Mehr from other terms.
Nafaqah refers to maintenance (food, clothing, lodging) provided by the husband.
Hiba is a pure gift made without any consideration.
Dowry is a social evil (Dahej) which is illegal under the Dowry Prohibition Act.
Step 2: Defining the dower obligation.
The amount settled at the time of marriage is specifically called
Mehr.
It can be 'Prompt' (payable immediately) or 'Deferred' (payable on death or divorce).
Unlike dowry, Mehr is a legal right of the wife and a debt owed by the husband.