Donation (Gift) and Wages of Housework for the Duration of the Marriage: Legal-Jurisprudential principles and Challenges to Their Enactments

Dominance of ethics in the family is a fundamental principle and also the most central factor in the family institution. A wife or mother’s services stems from mere kindness and sacrifice which makes it totally inappropriate to discuss her wages for these ethical duties. However, discussing from a legal point of view we face several questions that this study seeks to answer:• What are the jurisprudential-legal principles of asking for the donation and wages of housework for the duration of the marriage?
• What ambiguities or incomplete descriptions do we have in the laws and regulations concerning the donation and wages of housework for the duration of the marriage?
• Has the judicial process been successful in eliminating these ambiguities or shortcomings?
The jurisprudential principle of wages of housework for the duration of the marriage is the principle of respecting the Muslim’s fortune. Article 336 of the Iranian Civil Code and its note, the paragraph A of the note 6 of the modified version of Divorce Regulations (ratified in 1371) and article 29 of the Family Protection Law (ratified in 1391) are the legal principles of this financial institution. The religious basis of donation is because it is in the interest of the divorced women to be protected and paragraph B of the note 6 of the modified version of Divorce Regulations (ratified in 1371) is its legal basis.
We deal with some ambiguities regarding wages of housework.