In 2000, Maryam proposal to change the custody law was accepted by the Law Reform Commission. That was a big contribution to improve mother’s right to child custody. Before then, s 1169 of Iran Civil Act (1928) restricted the mother’s custody right of their sons to two years old. Combining her Islamic scholarship with practical awareness, Maryam succeeded to convince the Law Reform Commission to modify this unfair provision. As a result, the age of mothers’ rights in custody of male offspring increased to seven years old.

Mohaghegh & Associates wins 1400 Gold Bullion Mahriah for Fatima.M, whose marriage was not registered!

 In an unprecedent family law case, Maryam transformed the way Iran courts regard unregistered marriage contract. case concerned a couple who had been living together for 3 years. Nevertheless, denying the relationship, the husband refused to register the marriage. Maryam represented Fatima in matrimonial proceedings and compelled the husband to register the marriage as well as 1400 Gold Bullion that was awarded to Fatima as her Mahriah. As an Islamic scholar Maryam established a strong argument that culminated in landmark Court of Appeal’s decision that not only recognised statuary rights for the wife in an unregistered marriage contract; but also, the marriage was regarded as a permanent marriage. The outcome was extraordinarily rule breaking, given the fact that based on Shiite Sharia law, there are two types of marriages: temporary and permanent. Women enjoy more rights in permanent marriage contract. 

Maryam Mohaghegh fights for women’s right to work

Based on the old interpretation of Islamic provisions, the husband’s permission is necessary, if the wife wishes to work. Represented by Maryam, Nafiseh appealed the court’s decision to fight against this orthodox approach. was a prominent university professor and a member of faculty of philosophy when she received the notice of dismissal on the ground of “not approved by the husband”. In the first and second instances, the judgments were granted in favour of husband. Nafiseh then instructed Maryam Mohaghegh to appeal the courts’ decisions. In 2009, when predominantly judges believed that the husbands have right to prevent their wives from working. Despite this ruling interpretation, Maryam conducted a comprehensive and research in Islamic jurisprudence with compelling Fatwas (a nonbinding legal opinion on a point of Islamic law given by a qualified jurist). Ultimately, the Supreme Court reversed the lower courts’ decisions in favour of Nafiseh granting her the right to work in spite of the husband’s disapproval.

Mohaghegh & Associates wins equitable contribution for the first time in Iran

In 1998, a new law established equitable contribution for women. Known as quantum meruit, wives were granted a right to equitable contribution for the efforts they had made over the matrimonial life. However, the wording ambiguity of this new provision ended up with unfair prejudice against women. “when husband pleads for divorce…” was a misleading sentence that excluded the divorce petition made by the wives. Consequently, equitable contribution or quantum meruit was only granted when the divorce was petitioned by the husband. Maryam accepted a controversial case in which the wife applied for divorce. Presenting solid submissions, Maryam succeeded in this revolutionary petition on behalf of the wife awarding her $15000 as equitable contribution.

Mohaghegh & Associates triggers new movement for breach of promise to marry

The case concerned a family member of great Ayatollahs in that he promised to marry a woman. The woman reasonably and honestly believed in the man’s promise. The breach of promise by the man caused emotional trauma as well as reputation loss. Following Maryam’s unprecedented petition to make promise to marry enforceable, the case was settled when the defendant agreed to pay damages.

Mohaghegh & Associate’s client secures $3million award in a probate case

Miss Monireh Mo was left with nothing after her husband’s death when Monireh’s brother in law challenged the deceased person’s will denying Monireh’s entitlement on her husband’s legacy. In this landmark case, the widow, represented by Mohaghegh & Associates has been awarded a property of $3million together with the cost and damages.