Question:
I want to pay the dowry of my wife. What proof should I keep, where should I go, and how should I pay to ensure that I don’t get into any legal issues later? Please advise.
Answer:
In Bangladesh, paying the dower (mahr) or dowry in a manner that protects both parties legally requires clear documentation. Here’s how you can ensure the process is legally sound:
- Dower (Mahr) Agreement:
- The dower (mahr) is a legally binding payment from the husband to the wife, agreed upon during the marriage contract (Kabinama). This is separate from the traditional dowry and is mandatory under Islamic law.
- If you haven’t already, make sure that the dower amount (agreed upon during the marriage) is written down in the Kabinama (marriage certificate). This is the legal document that establishes the husband’s obligation.
- Payment of Dower:
- The dower can be paid in full or in installments. There are two parts:
- Prompt Dower: Payable immediately or upon request by the wife.
- Deferred Dower: Payable upon divorce or the husband’s death, unless the wife chooses to waive it.
- If paying in installments, you must keep a record of each payment.
- The dower can be paid in full or in installments. There are two parts:
- Proof of Payment:
- Receipts: You must obtain a receipt from your wife every time you pay a portion of the dower. This receipt should be signed by her, clearly stating the amount received and the date.
- Bank Transfer or Transaction Proof: If you pay the dower through a bank or money transfer service, keep all relevant transaction records or bank slips as evidence.
- Witnesses: It’s advisable to have witnesses present when paying, especially if you are paying a significant amount. Have them sign a document stating they witnessed the payment. This adds more legitimacy to the payment.
- Written Acknowledgment: Consider having your wife sign an acknowledgment letter, confirming that she received the dower payment, which is independent of any traditional dowry. This document should include the amount, method of payment (cash, bank transfer, etc.), and date.
- Legal Considerations:
- Ensure that the payment and any documentation are done in accordance with your marriage agreement. This will protect you from any future claims.
- Legal advice: It is always a good idea to consult a lawyer before making the payment if you have any doubts. A lawyer can guide you on how to properly execute the payment and ensure that the transaction is documented correctly.
- Register the Payment:
- If possible, register the payment or document the details of the transaction through a notary public or legal authority, especially for large sums of money. This can be helpful in case of any dispute or legal challenge later.