A Review on The Conditions for a Wife's Remuneration in Iranian Legal System

Remuneration is considered as one of the financial rights of any wife, which can be claimed along with other financial rights such as dowry, alimony, etc. by the wife. Before approval of the related single article, however, there were no laws on the conditions of a wife’s desert and how these rights can be determined. In 8/28/1371 SH, the Assembly for Discerning the Expediency of Islamic Regime approved the proviso 6 of that article. While this was to protect the women’s rights, the provisions set for it caused some problems for women in claiming their remunerations. According to that proviso, the wife can claim her remunerations after seven requirements are realized and some of them are proved; otherwise she will be deprived of remuneration and will deserve to receive nihla. The weak points and defects in that article and, consequently, abusing the women’s rights in the conjugal period and after their husband’s death caused the lawmakers to append a proviso to the article 336 of civil law in 1385 SH. Although the aforementioned enactments aimed at protecting the women’s rights, there are still criticisms regarding removal of legal defects related to claiming remunerations and the conditions for receiving it, which have been discussed in detail in the present essay.