Ujrat al Mithl and the Conditions for Receiving It
Marriage is a legal and non-financial act that carries numerous financial consequences, including alimony, dowry, ujrat al mithl, the condition of division of assets, and similar matters.
Ujrat al mithl is one of the most debated and significant financial rights granted to women during marital life. The entitlement to ujrat al mithl does not require separation or divorce, and it is also possible to stipulate the right to receive it and its amount within the marriage contract.
Definition of Ujrat al Mithl and Its Jurisprudential and Legal Basis
The Concept of Ujrat al Mithl
In its literal sense, ujrat al mithl refers to the value or compensation equivalent to similar work or property. In legal terms, it is the compensation payable for performing work or for the use of property when the amount has not been precisely determined. In such cases, the amount of ujrat al mithl is usually determined by reference to comparable circumstances.
Ujrat al Mithl During the Period of Marriage
Ujrat al mithl is one of the specific rights recognized by Islamic jurisprudence and Iranian law for women. If a woman, during marital life and while residing in her husband’s home, performs tasks that she is not legally or religiously obliged to perform, she becomes entitled to compensation known as ujrat al mithl. This compensation must be paid by the husband to the wife. If ujrat al mithl is not paid, the husband is not entitled to proceed with divorce. The amount of ujrat al mithl is calculated based on the duration of the marital life. Accordingly, the longer the period of cohabitation, the higher the amount of ujrat al mithl.
Under What Conditions Is Ujrat al Mithl Granted to the Wife?
- No contrary stipulation in the marriage contract: The parties to any contract are free to include conditions within the agreement and are bound to comply with them, provided they are lawful and valid. If a condition in the marriage contract provides that the wife will not receive compensation for work performed at home, she will no longer be entitled to ujrat al mithl. In some cases, a specific amount may be stipulated in the contract as compensation for the wife’s work, which is referred to as ujrat al musamma, as it is expressly stated in the contract. Where ujrat al musamma has been specified, ujrat al mithl will not apply.
- The work must not be performed gratuitously: The work performed by the wife in the household must not be done voluntarily and without expectation of compensation. Otherwise, she will not be entitled to ujrat al mithl. Since it is generally presumed that no one performs work for another free of charge, the presumption is that the work was not gratuitous. The burden of proving that the wife acted gratuitously rests with the husband. If the husband can establish that the wife performed the work purely out of goodwill, ujrat al mithl will not be granted.
- The work must not be a legal or religious duty of the wife or must be performed at the husband’s request: Another condition for entitlement to ujrat al mithl is that the work performed must not be among the legal or religious obligations of the wife. For example, marital obedience is a legal and religious duty of the wife and does not give rise to ujrat al mithl. In addition, the work performed by the wife must have been done at the request or instruction of the husband. If the work was not performed at the husband’s request, ujrat al mithl will not be applicable.
- The request for divorce must be made by the husband: For ujrat al mithl to be granted, the request for divorce must originate from the husband. If the wife seeks divorce, she will not be entitled to ujrat al mithl. Furthermore, if the husband seeks divorce for the wife’s failure to fulfill marital duties or for her misconduct or improper behavior, the wife will not be entitled to receive ujrat al mithl.
- The Difference Between Ujrat al Mithl and Alimony: According to the definition provided in the Civil Code, alimony refers to the provision of the wife’s customary material needs, which arises from her fulfillment of marital duties, particularly obedience to the husband, and the husband is legally obliged to provide it. The wife may claim alimony both during the marriage and after the divorce has been finalized. In matters of alimony, the wife’s obedience to the husband is always a determining condition.
Frequently Asked Questions About Ujrat al Mithl
Ujrat al mithl refers to compensation equivalent to similar work. In family law, it denotes the financial right of a woman to receive compensation for work she has performed in her husband’s household that was not legally or religiously required of her.
The amount of ujrat al mithl is determined based on the duration of marital life and the type of work performed by the wife. The longer the marriage and the more extensive the work performed, the higher the amount of ujrat al mithl.
Four main conditions apply: there must be no condition in the marriage contract excluding such compensation, the work must not have been performed gratuitously, the work must not be a legal or religious duty of the wife or must have been done at the husband’s request, and the request for divorce must be made by the husband.
Alimony concerns the provision of the wife’s ordinary material needs and depends on her obedience to the husband. Ujrat al mithl relates to work performed by the wife that was not her legal obligation and is independent of the concept of obedience.
No. If a specific amount is stipulated in the contract as compensation for the wife’s work, that amount is considered ujrat al musamma, and ujrat al mithl does not apply.
The presumption is that the wife’s work was not gratuitous. Therefore, the husband bears the burden of proving that the work was performed voluntarily and without expectation of compensation in order to negate the wife’s entitlement to ujrat al mithl. What does ujrat al mithl mean under the law?
How is Ujrat al Mithl during marriage calculated?
What conditions must be met for a woman to be entitled to ujrat al mithl?
What is the difference between ujrat al mithl and alimony?
If a specific compensation is stipulated in the marriage contract, is ujrat al mithl still applicable?
Who bears the burden of proving that the wife’s work was gratuitous?
