بررسی جایگاه ارزش کار خانگی در سیستم فقهی-حقوقی ایران در مقایسه با جمهوری خلق چین

Remuneration for housework is considered one of a wife's financial rights during the marriage. In the Iranian legal system, this concept—shaped by Imami jurisprudence—refers to the payment a husband makes to his wife for tasks performed in the marital home that she was not legally or religiously obligated to undertake. Conversely, Chinese law provides for a similar mechanism known as "financial compensation for housework," aimed at recognizing the economic value of domestic activities and compensating for services rendered by a spouse during the marriage. This mechanism was first explicitly established in Article 40 of China's 2001 Marriage Law. Research findings indicate that in Imami jurisprudence, Iranian statutory law, and the Chinese legal system, such mechanisms were introduced to provide financial support for women and to prevent the economic value of housework from being overlooked. However, differences exist between the two systems regarding eligibility criteria and calculation methods. In Iran, establishing the conditions for entitlement to this remuneration is fraught with ambiguity due to its jurisprudential underpinnings, leading to inconsistent judicial rulings in some instances. While the Chinese framework appears to have fewer statutory conditions, the ambiguity surrounding the concept of "obligations" and the difficulty of proving them cast doubt on the practical simplicity of making such a claim. Another difference lies in how the compensation amount is determined; in China, the agreement between the spouses plays a more significant role, whereas in Iran, the matter is referred to an official court-appointed expert. Employing a documentary research method and a comparative approach, this study examines the similarities and differences of this legal mechanism within the contexts of Iranian jurisprudence and law and the Chinese legal system.