Abstract
The various aspects of the rights of women in the family and society have not been elucidated and explicated in terms of Islamic law and jurisprudence up to now. In this legal system, the spouses will have rights and responsibilities relating to each other following the conclusion of the marriage contract; however, since the wife does have economic independence, she is liable to receive wage and remuneration in lieu of what she does as per the implicit or explicit request of her husband. Taking advantage of the wife’s work without paying her wage causes damage and harm to her and according to the rule of prohibition of detriment, the vindicator is obliged to pay the wage. Additionally, under certain circumstances, the wife is entitled to receive an amount of money called matrimony donation. On the other hand, the wife is entitled to have a job; however, it is not her responsibility, so it is possible that she prefers to work at home instead of working outside and in this context, job is considered to have a general meaning which should be protected. In the present article, we investigate the issue of wage from the viewpoint of jurisprudence and law figuring out in which cases the wife is entitled to receive wage and matrimony donation. For example, the question is whether she is entitled to receive wage once the guardianship of the child is entrusted to her. Although the woman has rights and responsibilities in the family, having a job, including one at home or outside are not among her obligations and therefore she is entitled to receive wage.
Highlights
Is the only legal system which has existed since the beginning of human life; the jurists have tried to explicate all of its jurisprudence-related judgments and regulations for the people
On condition that there's not any contract, if the wife, as per the order of the husband, performs an action which is subject to wage and it can be comprehended according to the evidences and circumstances that the very basis of paying the wage is implicitly agreed, such a utilization will be considered as a contract which is called pseudo-contract, because its equivalent is not clear
If it's impossible to specify the amount of quantum meruit for every reason, for example if the wife intends to carry out a gratuitous action, she will not be liable to quantum meruit and that's when the turn comes to matrimony donation
Summary
Is the only legal system which has existed since the beginning of human life; the jurists have tried to explicate all of its jurisprudence-related judgments and regulations for the people. It's still possible that problems and questions be proposed with regards to the foundation of family. The contract of marriage does not cause the wife to lose her financial independence; since matrimony is the objective of the contract of marriage in such a way that the spouses will have rights and responsibilities with regards to each other, the husband will not have any ownership over the possessions, labor and earnings of the wife and cannot exploit him like a laborer or mercenary. That's why the wife may opt for the work at home. Some of these jobs cause the consolidation of the bases of family and some of them are not within the responsibilities of the wife. Lies the question: is the wife entitled to receive wage for the actions she does? The pivot of the investigations in this article is the agreed theory of the jurists and the civil law
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