نوع مقاله : مقاله پژوهشی
نویسندگان
1 دکتری حقوق خصوصی، گروه حقوق، مجتمع آموزش عالی بنتالهدی، جامعهالمصطفی العالمیه، قم، ایران.
2 نویسنده مسئول، استاد گروه حقوق خصوصی، دانشکده حقوق، دانشگاه قم، قم، ایران.
3 دانشیار گروه حقوق خصوصی، دانشکده حقوق، دانشگاه قم، قم، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Objective: The present study aimed to conduct a comparative analysis of the wife's Ojrat al-Mesl (wages for customary services) during marital life from the view of Iranian law, general Islamic jurisprudence (Fiqh), and American law. Accordingly, a critical analysis of the wife's Ojrat al-Mesl in legal systems was carried out, considering the principles and justice-oriented approaches in the legislation of each system. The main question was whether it is possible for a wife to claim Ojrat al-Mesl for household chores, and if so, what are the grounds and conditions for its entitlement?
Method: In this research, using an analytical-documentary method with a comparative approach, the wife's Ojrat al-Mesl was examined in the legal systems of Iran, Imamiyyah jurisprudence, Sunni jurisprudence, and American law. The research data was based on library resources, and the principles and approaches of these systems regarding the wife's Ojrat al-Mesl during marital life were analyzed.
Findings: The findings showed that in Imamiyyah jurisprudence, claiming Ojrat al-Mesl is permissible based on rules such as La Zarar (no harm), Istifa (unjust enrichment/benefiting from another's work), and Ehtiram Mal Muslim (respect for a Muslim's property), and in line with economic justice and fairness in family relations. Sunni jurisprudence, with a cultural justice approach and based on customary position, rejects the claim for Ojrat al-Mesl and, in some cases, includes it as part of the wife's maintenance (Nafaqah). In the American legal system, with a social justice approach and an emphasis on contractual freedom, Ojrat al-Mesl is considered part of the wife's duties under the marriage contract and has no financial valuation.
Conclusion: The research results indicated that the difference in the foundational principles of the three legal systems has led to variations in the acceptance or rejection of Ojrat al-Mesl; from conditional acceptance in Imamiyyah jurisprudence to its rejection in Sunni jurisprudence, and its consideration as a marital duty in American law.
کلیدواژهها [English]