Pages: 25-37

Abstract

One of the specific rights considered in jurisprudence and law for the women is marital ‎days’ (wedlock) fair or equivalent remuneration. The Islamic creeds’ jurisprudents have ‎dealt with the issue of marital days’ fair remuneration in many of the jurisprudential ‎books and various chapters and laid the jurisprudential foundation of fair remuneration ‎on the axiom of the Muslims’ properties veneration. Based thereon and drawing on the ‎jurisprudential premises, this right has been inserted in Iran’s law, including in article ‎‎336 of the civil law and the law of family support, passed in 2012. However, various ‎expertise opinions offered due to the specialists’ lack of adherence to a clear-cut ‎criterion in the determination of the fair remuneration that consequently leads to the ‎issuance of various sentences in the courts, a comparative study of the fair ‎remuneration in civil jurisprudence and Sunni jurisprudence is carried out for helping ‎the removal of the barriers and challenges to its enforcement in the regulations ‎considering the fact that fair remuneration of the marital days is originally a ‎jurisprudential discussion because it is deemed necessary to compensate for the ‎shortcomings of its enforcement. So, the present study performs a comparative study of ‎the issue in the civil jurisprudence and Sunni jurisprudence based on the foresaid ‎assumption through taking advantage of analytic-descriptive method. The present study ‎shows that although there is no independent chapter in the jurisprudential books and ‎resources on the fair remuneration and the wage rate of the jobs that are canonically ‎not the duty of the women, a comprehensive perception corresponding to the society’s ‎conditions can be achieved from the civil jurisprudence and Sunni jurisprudence for ‎attaining a proper structure so as to finally enact and enforce the related regulations‎‎‎.