The Analysis of Remuneration of Wife in the Hanafi Jurisprudence, Emamiye and Family Protection Act 2012

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Yamrali s.

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Journal: Journal of Family Research Year:2019 | Volume:15 | Issue:59 Page(s): 393-409

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Title

The Analysis of Remuneration of Wife in the Hanafi Jurisprudence, Emamiye and Family Protection Act 2012

Author(s)

Yamrali s. | Issue Writer Certificate

Keywords

RemunerationQ1

GiftQ2

Personal StatusQ1

WifeQ2

Public OrderQ1

Abstract

Based on the well-known the views of the Imamyeh, contemporary grand clerics, the principle of respect towards the Muslim lifestyle, the norms of an Islamic community, and the sixth verse of the Divorce sura about breastfeeding payment, the Wife’ s Remuneration is demandable. In Iranian statuary law, the article 29 of Family Protection Act of 2012 with reference to the sub-article of article 336 of Civil Code considers the Wife’ s Remuneration demandable. According to the well-known view of the Hanifi clerics, the Remuneration is considered a personal property, as well as in accordance with the hadith and the Prophet’ s deeds; the Remuneration for housework in marital life is not paid to the Wife. The judgments of the courts about couples subject to Hanafi jurisprudence is divided into two categories. The first category considers the Remuneration a personal property; thus, its judgments nullify the defendants’ claims. The second category deems the Remuneration beyond the personal property; therefore, it makes a judgment in favor of the Wife, so she can receive it. The consulting opinion of the legal office of the Judiciary, the subarticle of article 336 of the Civil Code, and the Family Protection Act approve the second opinion.

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APA: Copy

Yamrali, s.. (2019). The Analysis of Remuneration of Wife in the Hanafi Jurisprudence, Emamiye and Family Protection Act 2012. JOURNAL OF FAMILY RESEARCH, 15(59 ), 393-409. SID. https://sid.ir/paper/122491/en

Vancouver: Copy

Yamrali s.. The Analysis of Remuneration of Wife in the Hanafi Jurisprudence, Emamiye and Family Protection Act 2012. JOURNAL OF FAMILY RESEARCH[Internet]. 2019;15(59 ):393-409. Available from: https://sid.ir/paper/122491/en

IEEE: Copy

s. Yamrali, “The Analysis of Remuneration of Wife in the Hanafi Jurisprudence, Emamiye and Family Protection Act 2012,” JOURNAL OF FAMILY RESEARCH, vol. 15, no. 59 , pp. 393–409, 2019, [Online]. Available: https://sid.ir/paper/122491/en

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