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Essay / Dowry as the basis of Indian marriage
Table of contentsMarriage as a financial transactionBasic reasonsDuties and rights of husband and wife after marriageDowry and IslamData analysisFrom cradle to graveWorst disadvantagesDowry is payment in cash or /and in kind by the bride's family to the groom's family as well as the bride's gift in Indian marriage. “Kanyadanam” is an important part of Hindu matrimonial rites. Kanya means girl and dana means gift. Dowry originated in upper caste families as a wedding gift given by her family to the bride. The dowry was then paid to help cover wedding expenses and became a form of insurance in case her in-laws mistreated her. It continues to be strongly institutionalized. The groom often demands a dowry consisting of a large sum of money, farm animals, furniture and electronics. The main purpose of a dowry was to provide "start-up capital" or assets for the creation of a new household as the start of a new life, to help a husband feed and protect his wife, and to give the wife and children some support if he were to die. This property was "beyond the dowry" and was known as paraphernalia property or extra-dotal property. One of the basic functions of the dowry is to serve as a form of defense for the wife against the possibility of mistreatment by her husband and his family. In other words, the dowry encourages the husband not to harm his wife. The husband therefore had certain property rights over his wife's dowry. In addition, the wife could bring property of her own to the marriage, which was not included in the dowry and for which she would therefore be solely responsible. Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get an original essayThe practice of dowry abuse is increasing day by day. The most serious is the burning of the bride, the burning of women whose dowry was not considered sufficient by their husbands or their in-laws. Most of these incidents are reported as accidental kitchen burns or are disguised as suicides. It is clear that there are deep-rooted prejudices against women. Cultural practices such as paying dowry tend to subordinate women in Indian society. “A reasonable dowry for a reasonable marriage” was advocated in our male-dominated society in the name of religion and culture, in some cases to deny a girl her share of inheritance. They said that the dowry was a form of social security for the daughter and a greater burden for the father to the extent that it sometimes pushed him to commit suicide. When the amount of dowry is not considered sufficient or is not paid, the bride is often harassed, mistreated and made unhappy. This abuse can escalate to the point where the husband or his family burns the bride, often by hammering kerosene into her and lighting her, usually killing her. A woman is burned alive almost every twelve hours. The number of dowry-related murders is increasing. Between 1988 and 2,209 women were killed in dowry-related incidents and in 1990, 4,835 were killed. It is important to repeat that these are official data, which are largely underestimated. According to the figures, there were a total of 5,377 dowry-related deaths in 1993, an increase of 12% from 1992. Despite the existence of stringent laws, convictions are rare and judges are often indifferent and susceptible to corruption. It is difficult to get an accurate picture because the statistics are varied and contradictory. In 1995, there were approximately 6,000 dowry-related deaths. Ofmany victims were burned alive, doused with kerosene and set alight. The in-laws regularly claim that what happened was just an accident. Kerosene stoves used in many poorer households are dangerous. When the evidence of foul play is too obvious to ignore, the story turns into a suicide: the woman, it is said, was unable to adapt to her new family life and subsequently killed herself . The dowry is given as a gift but it becomes violence when it is demanded. Although the practice of dowry exists in many countries, it has been assumed that it poses a challenge to the forces of modernity and only changes in the subcontinent and the complexity of managing the upper class of society. The dowry system was introduced in many civilizations, over time this was introduced to share the burden in terms of the expenses of setting up a new household. In Athens, the absence of a dowry would call into question the legitimacy of marriage. The guardian had to provide a dowry to the bride. European History of Dowry: Dowry was widely practiced in Europe before the European Revolution. In Homeric times, the usual Greek practice was to pay a sum as a dowry. The ancient Romans also practiced dowry, although Tacitus notes that Germanic tribes practiced the opposite custom of dowry. Dowries were exchanged in the late classical period (5th century BC). A common punishment for the kidnapping of an unmarried woman was that the kidnapper or rapist had to provide the woman's dowry. Until the end of the 20th century this was sometimes called crown money or breaking the promise. The Domostroy, a 16th-century Russian advice book, includes advice on setting aside property for the purpose of a dowry so that a woman can also gain equal rights in property and use it to accumulate linens , clothes and other things, rather than suddenly having to buy everything for the wedding. If the girl were to die, the dowry should be used for alms and prayers for her soul, although a portion may be reserved for other girls. In some parts of Europe, especially Eastern Europe, land dowries were very common. It was usually given on the condition that he took his wife's surname, in order to continue the family name. Asian History of Dowry: Dowry is a common practice in many Asian countries, including India, Pakistan, Bangladesh, Sri Lanka, and many others. In India, where incidents of bride burning and dowry-related deaths have gained some notoriety, the payment of dowry has been banned. Then the Dowry Prohibition Act, 1961 in Indian Civil Law, then Sections 304B and 498a of the Indian Penal Code (IPC). Electronic items like refrigerators, television and washing machines are gifted by the bride's parents as part of a ceremony, along with clothes, jewelry, shoes and many other accessories. In recent years, there has reportedly been an increase in dowry-related deaths even when law enforcement agencies claim that the situation is under control when the situation shows the opposite. One of the reasons for these social ills is lack of knowledge and rejection of Islamic teachings and practices. is not implemented. Hundreds and thousands of educated and well-behaved Muslim girls lead a single life or believe in late marriages. In a society where this is the case for unmarried girls, who will care about the marriage of widows and divorcees? The Holy Prophet (PBUH) and his companions gave many practical examples to their followers by marrying widowsand divorcees. Young Muslim girls have to lead a single life due to their parents' financial difficulties or lack of suitable matches. If matches are available, then the requirements are very high. Why not take an example of simplicity from the modal role of all Muslims around the world, the Holy Prophet PBUH, how he spent his life, how did he organize the marriage ceremony of his beloved daughter Hazrat Fatima RA. Marriage as a financial transaction Young married women are particularly vulnerable. According to custom, they will live in the house of their husband's family after marriage. The dowry is simply not the end of the deal, as the groom's greedy parents do not end their curse. The woman is often seen as a servant of her husband's family or, if she works outside, as a source of income, but she does not have an extraordinary relationship with the husband. members of her new household and therefore no support base for family. Around 40% of women are married before the legal age of 18. Illiteracy among women is very high, reaching 63% in some rural areas. As a result, they are isolated and often unable to assert themselves. Dowry demands can last for years. Religious ceremonies and the birth of children often become the occasion for new demands for money or goods. The failure of the bride's family to comply with these demands often leads to the daughter-in-law being treated as an outcast and subject to abuse. In the worst cases, wives are simply killed to enable a new financial transaction, i.e. the threat of a second marriage. other liquidity, becomes evident after leafing through pages of official reports which dutifully record the effects of gratitude, seizures, barren plots and the death of livestock from lack of fodder. Dowry becomes formidable on-demand payments that accompany and follow a girl's marriage. A “successful” marriage is often seen by the wife’s family as a way to climb the social ladder. But the problem is that there is a price to pay for the constitution of a dowry including the furnishing of the room, the sharing. Air conditioning, complete furniture of a house, kitchen objects and household appliances, etc. If for some reason the dowry arrangements cannot be met, it is the young woman who suffers in terms of violence and threats. The groom's price is astronomically increased and. was based on his qualifications, profession and income. Doctors, Chartered Accountants, Lawyers and Engineers, even before graduation, are expanding the wonderful right of expecting a 'fat' dowry as they are the most sought after after the cream of the dowry association graduates and educated people. Basic Reasons Originally, the purpose of a dowry was to provide "start-up capital" or assets for the creation of a new home as the start of a new life, to help a husband feed and protect his wife, and to provide some support to the wife and children in the event of death. This property was “beyond dowry” (the root of paraphernalia) and was known as paraphernalia property or extra-dotal property. One of the basic functions of the dowry is to serve as a form of defense for the wife against the possibility of mistreatment by her husband and his family. In other words, the dowry encourages the husband not to harm his wife. The husband therefore had certain property rights over his wife's dowry. In addition, the wife can bring to the marriage property of her own, which is not included in the dowry and of which she is therefore aloneresponsible. Duties and rights of spouses after marriage Allah has informed us of the fair rights of each of us over us:... the rights of wives (towards their husbands) are equal to the rights (of husbands) to their respect, although men are a degree above them; and Allah is Mighty and Wise. Quran [2:228]. The assertion that men are of a higher degree than women means that authority within the household has been given to the husband in preference to the wife because a heavier burden has been placed on his shoulders by another verse from the Quran which says: Men will take charge. full care of women, because Allah has given one more strength than the other and because they support them according to their means. This is why righteous women are devoutly obedient and keep in the absence (of the husband) what Allah wants them to keep. Quran [4:34]Dowry and IslamMost marriages are arranged in South Asian countries like Bangladesh, India and Pakistan. There are many rules and regulations before and after marriage. When it comes to arranged marriages, the first step is to use a broker to find suitable brides and grooms. Once this procedure is completed, the broker would act as an intermediary between the two parties. The next step is a premarital investigation. Both parties would inquire about each other's family history, lineage, and financial status (through relatives or neighbors). If both parties are satisfied with the investigation, the next step will take place. If the boy and the girl loved each other, the final step before confirmation would take place. Let's take a look at ordinary people. How do they manage to earn a large sum (as for them) for the dowry? They fight hard to place their daughters in the care of the appropriate grooms. Many poor families even tend to commit suicide because of this compulsory system if they have more than one daughter to marry. Most divorces in India take place because of dowry. After marriage, some sisters faced severe harassment from a husband or his family in terms of dowry. In this case, the wife can file a complaint against all those who participated in this torture. As per Indian Penal Code 498 A, the accused would be prosecuted with fine. Even though dowry poses many problems, political parties and feminist organizations remain silent. In fact, they do not sincerely raise their voice against the dowry system. They would only try to solve individual problems. Many dowry-based marriages take place with Malabar Muslims. In fact, I don't know when this system infiltrated Indian Muslims. He who knows Islam and the Quran will never support this kind of system contrary to Islamic law and culture. “Allah” apparently explained dowry via the “Quran.” Dowry is the privilege of women (and not men). She deserves it from her husband at the wedding. “And give to the women (that you marry) their “Mahr” (obligatory bridal money given by the husband to his wife at the time of marriage) willingly” [Quran, Al Nisaa 4:4] “But if you replace a wife by another and you gave one of them a cantar (of gold i.e. a large sum) as a "Mahr", do not take back the slightest piece of it, would you take it unjustly without right and (with) manifest; fishing ? And how can you (reprove) it when you have entered into one another and they have taken from you a firm and solid covenant? [Al Nisaa 4:20-21].[2].Explanation: If anyone among you wants to divorce his wife and replace her with another, you must not take away anything from what you have already given to the first wife, even though it was a huge amount of wealth. The “Mahr[4].