A COMPARATIVE STUDY OF OJRAT-AL-MESL FROM THE PERSPECTIVE OF IMAMI JURISPRUDENCE AND THE LAWS OF IRAN AND AFGHANISTAN

Among the rights that are given to the wife after divorce according to Sharia and law are the things that the wife does during the time of marital life and in addition to the marital affairs in her husband's house. Sharia and law have set a wage for the wife's work during this period, which is referred to as "Ojrat al-Mesl". It is obvious that despite the recognition of the wife's right to this wage, it is demanded when the life of the husband and wife is unstable and leads to divorce. Imami jurisprudence, Iranian law, and Afghan law consider the wife's activities in her husband's house and outside of marital affairs to be remunerative; provided that the wife does it at the husband's command and has no intention of donating in doing it, and the demand for it is subject to the fulfillment of some conditions. The time of payment of such wage by the husband to the wife is before finalizing of divorce and its registration in Iranian law and after the divorce or the death of the husband in Afghan law. It seems that the view accepted in Iranian law is more compatible with the legal logic and the provision of financial rights of the wife, and for this reason, Article 160 of the Afghan Personal Status Law needs to be revised and amended.