Dower (Denmohor) & Maintenance

What this covers

Denmohor is a debt, not a gift. It is fixed in the kabinnama, and the wife is entitled to it whether the marriage continues, ends in divorce, or ends on the husband’s death, when it becomes a charge on his estate. Maintenance is a separate obligation: the duty to provide for a wife during the marriage and her iddat, and for children as their father.

Prompt and deferred dower

Dower is usually split into two parts. Prompt dower is payable on demand and can be claimed at any time during the marriage. Deferred dower falls due when the marriage ends, by divorce or by death. Many women are told, wrongly, that they forfeit dower by seeking a divorce. Only a khula, where dower is knowingly given up as the price of release, has that effect, and only to the extent agreed.

Maintenance during marriage and iddat

A husband must maintain his wife during the marriage, and after a divorce he must maintain her through the iddat period. Where he has failed in that duty, past maintenance can be claimed for the period of default. These claims are decided by the Family Court.

Maintenance of children

A father is responsible for his children’s maintenance whoever has custody: food, clothing, a home, schooling and medical care. The duty continues for a son until he can support himself and for a daughter until she marries. Custody and maintenance are separate questions, and a father cannot withhold one to apply pressure over the other.

Documents you will need

• Kabinnama, which states the dower amount and its terms
• National ID
• Any proof of the husband’s income or assets you have, which helps set maintenance
• A record of any payments already made or promised
• For children’s maintenance, their birth records and their school and medical costs

Where it is dealt with, and how long it takes

Dower and maintenance are Family Court matters, heard in the district where the wife resides. Many claims settle at the mediation stage the court now builds into the process. A contested claim that runs to trial usually takes several months to about a year. Where dower is a charge on a deceased husband’s estate, it is dealt with alongside the succession.