only ten D ir ms, and the wife claims one hundred; and her proper *
prefent may be eftimated, fuppofe at twenty Dirms; here therefore a
proper prefent may with propriety be decreed to her: and what occurs
upon this fubjedl in the Jama Sagheer being deftitute of any mention of
the amount of the dower, that refts upon what is faid in the Mabfoot.
— As a more full expofition of the doarine of Haneefa and Mohammed,
in a cafe where a difpute arifes between the hufband and wife concernino-
the amount o f the dower on the continuance of the marriage, let us
fuppofe that the hulband declares one thoufand Dirms, for inftance,
and the wife claims two thoufand; in which cafe, if the proper dower
of the woman do not exceed one thoufand, the declaration of the huf-
band is to be credited; but i f it be two thoufand, or upward, that of
the wife ; and whoever of the two produces evidence in fupport o f his
or her declaration, the fame is to be credited, under either o f the
above circumftances; and if they both produce evidence under the
^ o f the above circumftances, (that is, the woman's proper dower
not exceeding one thoufand Dirms,) the evidence on the part of
the wife is to be credited, becaufe by fuch evidence her right to the
excels is eftablifhed;— but if, under the Jecond, (that is, the woman’s
proper dower being two thoufand or upwards,) the evidence on the
part o f the hufband is to be credited, becaufe that goes to prove that
the wife has made an abatement in her dower; but if the proper dower
be one thoufand fiv e hundred Dirms, both parties muft be required to
make oath, after which one thoufand five hundred are to be decreed
to the woman. This is according to the Takhreej of Rdzi. Koorokhee
fays that the oath muft be tendered to both parties in all the three
circumftances, after which the proper dower muft be decreed._All
this applies to a cafe where the hufband and wife difpute with refpedl
to the amount o f the dower itfelf, and not with refpe& to its fpecifi-
cation: but i f their difpute refpedt the latter, one of the parties
aflerting that a dower had been named, and the other denying,
in this cafe the proper dower muft be decreed, according to all
* Arab. Miß: that is, proportionable to her rank and circumftances, in the fame man-
ner as the proper dower.
the doftors, that being the original dower independant of any fpecification.
If, after the death o f the hufband or wife, a difpute fhould arife
between the furvivor and the heirs o f the deceafed, concerning the
amount of the dower, the rule in this cafe is the fame as when
the difpute arifes between the parties during life, becaufe a claim
to the woman’ s proper dower does not ceafe in confequence of the
demife of either.
A nd if both hufband and wife were to die, and a difpute to arife
between their heirs with refpedt to the amount of the dower, in this
cafe the declaration o f the hufband’s heirs fhall be credited, although
they fhould declare a fum lefs than the ufual and cuftomary dower o f
fuch a woman as the wife deceafed.— This is according to Haneefa.
Mohammed holds that the rule is the fame here as where the difpute
arifes between the parties during life. — And i f the heirs difpute
with refpefl: to the Jpecification o f the dower, one party infilling
that a dower had been named, and the other denying, the declaration
of the latter is to be credited, according to Haneefa. In fhort, with
Hdneefia, the woman’s proper dower is not at all regarded after the de-
ceafe of both parties, as fhall be hereafter demonftrated. The two
difciples, on the other hand, maintain that the proper dower fhould
in that cafe be decreed.
In cafe of the death o f both hufband and wife, it belongs to the
heirs of the latter to take thè dower out o f the eftate of the hufband,
where it has been fpecifically named ; but if it fhould not have been
fpecified, they cannot claim any thing whatever, according to Haneefa.
The two difciples maintain that the woman’ s heirs are entitled to her
dower in either cafe,— that is to fay, to the fpecified dower, in the
former cafe, or to the woman’s proper dower, in the latter ;— in the
former, becaufe the fpecified dower was a debt upon the hufband, con-
X 2 firmed
or between
one o f the
parties, and
the heirs of
the other;
or between
the heirs of
both, parties»
The heirs of
a deceafed
wife may take
the amount of
the fpecified
dower out of
the deceafed
hufband’s ;
property.