طلاق و سهم زن از زندگي مشترك

A Fighi-Legal Analysis of Note 6 of the Amended Article Concerning Divorce and its Social Implications

According to both Shariʹa and Law, husband and wife have common responsibilities to each other; but women, especially in Islamic and Iranian societies, do all or most of their activities in the husbandʹs house. This raises no problem in as much as the familial life continues. Once the issue of divorce comes to the scene, this no longer is true. Under the financial regime governing the spouses in our legal system, all revenues obtained by each spouse during marriage belong to him or her. Since the wife has spent all her life doing housework, she often has no revenue and faces serious challenge. This caused the Expediency Council to adopt in 1992 a law concerning wifeʹs remuneration (ojrat ul mesl) and a grant by husband (nihla). The present article examines the fiqhi grounds of these two legal institutions and offers a legal analysis. It concludes with a brief account of the social implications of this legal development.