The Legal and Jurisprudence-Related Essentials of the Wage for the Wife’s Work

Seyed Mohammad Asadinejad, Mahdi Mohseni

Abstract


The various aspects of the rights of women in the family and society have not been elucidated and explicated in terms of Islamic law and jurisprudence up to now. In this legal system, the spouses will have rights and responsibilities relating to each other following the conclusion of the marriage contract; however, since the wife does have economic independence, she is liable to receive wage and remuneration in lieu of what she does as per the implicit or explicit request of her husband. Taking advantage of the wife’s work without paying her wage causes damage and harm to her and according to the rule of prohibition of detriment, the vindicator is obliged to pay the wage. Additionally, under certain circumstances, the wife is entitled to receive an amount of money called matrimony donation. On the other hand, the wife is entitled to have a job; however, it is not her responsibility, so it is possible that she prefers to work at home instead of working outside and in this context, job is considered to have a general meaning which should be protected. In the present article, we investigate the issue of wage from the viewpoint of jurisprudence and law figuring out in which cases the wife is entitled to receive wage and matrimony donation. For example, the question is whether she is entitled to receive wage once the guardianship of the child is entrusted to her. Although the woman has rights and responsibilities in the family, having a job, including one at home or outside are not among her obligations and therefore she is entitled to receive wage.

Full Text: PDF DOI: 10.5539/jpl.v5n2p125

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Journal of Politics and Law ISSN 1913-9047 (Print) ISSN 1913-9055 (Online)

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