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Where Muslim personal law applies, which responses to unpaid dower are recognised in the circumstances…

Prompt dower is payable on demand. Before consummation, non-payment can justify refusal to cohabit. Dower due is recoverable as a debt. A widow who lawfully obtained…

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Where Muslim personal law applies, which responses to unpaid dower are recognised in the circumstances stated?

I. Refusing cohabitation before consummation where prompt dower has been demanded and remains unpaid.
II. Suing for recovery of dower that is due.
III. Retaining estate property as a widow where she already lawfully holds it with the heirs' consent in lieu of her dower.

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Answer and explanation

Correct answer D

Prompt dower is payable on demand. Before consummation, non-payment can justify refusal to cohabit. Dower due is recoverable as a debt. A widow who lawfully obtained possession with the heirs' consent in lieu of dower may retain that possession until the debt is satisfied, subject to applicable law and an obligation to account for rents and profits.

Option feedback

Option A

Lawful retention by a widow already holding the property in lieu of dower is also recognised.

Option B

A civil claim for dower due is also available.

Option C

A wife may also refuse cohabitation before consummation while demanded prompt dower is unpaid.

Option D

Each response applies in its own stated circumstances.

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