Abdul Kadir v Salima (1886)

Muslim Law (Family Law II) · Marriage (Nikah)

Facts.

A dispute arose over a wife’s refusal to live with her husband while her prompt dower was unpaid, raising the nature of a Muslim marriage.

Issue.

Is a Muslim marriage a sacrament or a civil contract, and what is the effect of unpaid prompt dower?

Held.

Justice Mahmood held that marriage among Muslims is purely a civil contract; dower is its consideration, and a wife may refuse cohabitation until prompt dower is paid.

Why it matters.

It is the foundational authority that a nikah is a contract — the starting point for essentials, dower and the wife’s remedies.

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