Remuneration for Work Done by a Wife and the Assessment of the Relevant Judicial Decisions

Under Islamic and Iranian Law, a married couple have certain duties towards each other which are referred to as conjugal duties. These duties are dealt with under the heading of Tamkin (which generally means obedience) including general obedience (tamkine-e amm) and special obedience (tamkine-e khass). Apart from conjugal duties a woman has no other duties towards her husband. Therefore if a woman does work at the order of her husband where according to custom there is a wage for such a work she is entitled to such a wage for her work, unless it is proved that she worked gratuitously. Note 6 of the Amendment of Divorce Provisions Act 1992 (1371) explains the cases where a woman can demand remuneration (referred to as ujrat al-mithl: equivalent wage) for her work at home. According to Note 3 of the Act, a husband must pay all rights of his wife, including dower, maintenance, dowry and equivalent wage in cach, before the execution of divorce. This paper deals with the legal basis of the right of wives to recieve the payment of remuneration for the work done by her at home under Islamic and Iranian Law and the way that it is enforced in courts.