نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
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.
کلیدواژهها English
