Notwithstanding its jurisprudential (fiqhi), rational, and legal foundations, the institution of the wife's ujrat al-mithl (quantum meruit or compensation for domestic labour) has yet to gain full acceptance and currency within Iran's traditional patriarchal society. This institution is explicitly rejected by religious minorities, while the majority of Shia Iranian women claim it in the context of familial disputes, particularly divorce. The principal questions are: by what criterion do courts determine the wife's quantum meruit upon its claim? Can non-Shia Iranians utilize this institution? In this article, adopting a descriptive-analytical method and using library resources and field research, it was determined that experts from the Judiciary and the Center of Justice Experts play a pivotal role. In the absence of a cohesive and comprehensive procedural guideline, the minimum wage for an unskilled worker, as announced annually by the Ministry of Labour, has become the predominant benchmark, and the wife's domestic labour is measured against this standard. This institution is not recognized for religious minorities. Various legal and non-legal reasons, including the persistence of a traditional patriarchal perspective in the interpretation, execution, and expert assessment of legal matters, have led to a diminution of the quantum meruit amount, thereby undermining its raison d'être: to create a financial resource for the wife during familial disputes or post-divorce and to raise the cost of divorce initiation for the husband.
Fazaeli, Mostafa & Olya Mohammadi. “Conditions for a Wife’s Right to Alimony (Ejrat-al-Mesl) in Iranian Law and Its Critique.” Banovan-e Shi’a Journal, 26(1390), 95 (in Persian)
Ghazavat Online. “Ejrat-al-Mesl for Periods of Marriage Considered Personal Status and Subject to Husband’s Religion.” Accessed at: https://ghazavatonline.ir/?p=22822 (in Persian)
Interview with Dr. Amir Ahmadi, Judge, Branch 287, Shahid Bahonar Complex. 14/11/96 (in Persian)
Interview with Dr. Vahidi, Head of Tehran Zoroastrian Association. 17/11/96 (in Persian)
Interview with Dr. Younes Hamami Lalehzar, Leader and Head of Tehran Jewish Community. 9/11/96 (in Persian)
Interview with Gregory Nersisans, Armenian Church of Tehran. 17/11/96 (in Persian)
Interview with Ms. Sheed, Expert, Judiciary Experts Association. 14/11/96 (in Persian)
Interview with Peyman Hasanpour, Expert, Judiciary of Iran. 18/11/96 (in Persian)
Jafari Langroudi, Mohammad Jafar. Terminology of Law. Tehran: Ganj Danesh Publishing, 1374 (in Persian)
Kabiri, Hamideh & Mohammadreza Gholampour. “Juristic and Legal Bases of Wife’s Alimony (Ejrat-al-Mesl).” Fiqh and History of Civilization, 12, 48(1395), 109-134. https://sanad.iau.ir/Journal/jhc/Article/913879 (in Persian)
Personal Status of Armenian Christians in Iran. Ashur Research Center. Accessed 12/5/98. Available at: www.ashour.ir (in Persian)
Parvin,F. and Samizadeh Chari,L. (2025). The Criterion for Determining the Wife's Ujrat al-Mithl in Judicial Practice. Journal of Legal Research, 24(64), 397-414. doi: 10.48300/jlr.2024.343479.2072
MLA
Parvin,F. , and Samizadeh Chari,L. . "The Criterion for Determining the Wife's Ujrat al-Mithl in Judicial Practice", Journal of Legal Research, 24, 64, 2025, 397-414. doi: 10.48300/jlr.2024.343479.2072
HARVARD
Parvin F., Samizadeh Chari L. (2025). 'The Criterion for Determining the Wife's Ujrat al-Mithl in Judicial Practice', Journal of Legal Research, 24(64), pp. 397-414. doi: 10.48300/jlr.2024.343479.2072
CHICAGO
F. Parvin and L. Samizadeh Chari, "The Criterion for Determining the Wife's Ujrat al-Mithl in Judicial Practice," Journal of Legal Research, 24 64 (2025): 397-414, doi: 10.48300/jlr.2024.343479.2072
VANCOUVER
Parvin F., Samizadeh Chari L. The Criterion for Determining the Wife's Ujrat al-Mithl in Judicial Practice. Journal of Legal Research, 2025; 24(64): 397-414. doi: 10.48300/jlr.2024.343479.2072