Comparative Study of the Marital Days’ Equivalent Remuneration in Civil Law and Sunni Jurisprudence
Nasim Nasrollahi, Ali Reza Sharifi
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.