Doctrine of Women Unilateral Khula
In 2010, Maryam launched an innovative research programme titled as “The Notion of Release from Marriage Ties Obtained by Wife upon Payment of a Compensation: Unilateral Khula (Iftida‘i)”.
The research intended to establish a legal ground for dissolution of marriage contract in case of serious repugnance that the will of wife will be effective in unilateral dissolution of marriage contract upon ransoming herself.Having studied extensive amount of Islamic and legal resources, the research was successfully published in 2017 at “The first Scientific Conference of Modern Approaches in the Humanities of Iran”.
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Women’s Rights are Human Rights.
In a debate conference held in Institute for Humanities and Cultural Studies, named “What are the priorities for women’s rights”, Maryam recommends that the concept of ‘right’ should be revised. ‘right’ is something addressed to the human beings regardless of their gender, colour, nationality or religion. Therefore, the discrimination arises when we link the concept of “right” to the gender instead of humanity.
For more information on this debate, click here.
Legal research in Family law needs socio-legal methodologies.
In an article titled “a critical review of the book ‘application of jurisprudential principles in Family law’ “, Maryam challenges the research methodology used by the writers. The book aims to discuss the family problems which are addressed by the jurists in the light of jurisprudential principles. In this article, Maryam, critically argues that in order to establish a comprehensive judgement for the application of those principles in on the current family problems in Iran, we need to conduct an extensive socio-legal research designs that includes practical document analysis of interviews and focus groups. However, although the subject of the book undoubtedly suggests this practical approach, none of those above mentioned methods are applied by the writers.
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New definition is needed for ‘Family’. Maryam talks about law reform for the concept of family in Iranian National Commission for UNISCO
On 11 December 2019, Maryam commented on law reform for the concept of family in Iran regulations and codifications. In particular, she criticised s1105 of Iran Civil Act in which the headship of family is expressly granted to the husband. Dissenting legislators’ orthodox attitude, Maryam argues that the family structure has been developed in Iranian societies and in reality, the relationship in Persian families are more modernized and democratic than decades ago. Whereas, the rules behind Iran Civil Act belongs to a range of old-fashioned concepts that are not applicable to the current relationships among people. Taking the spread of adoption among Iranian families as an example, Maryam insists that clarification is imperative for the law and ignoring the cultural change in the society just worsen the quality of Iranian families.
A critical analysis of Iran fire security regulations was presented by our research team in International Congress of Citizenship Law
In September 2017, following the high-rise fire and deadly collapse of Plasco building in Tehran, our team of legal researchers leaded by Maryam, presented a critical speech titled as “Critical Analysis of Fire and Safety Laws and Regulations with a Special Look at the Plaso Incident”. Having arguably discussed the lack of regulations and ambiguity of applicable rules, our research proposed efficient solutions to prevent recurrence of such incidents; First, law reform with particular provisions that require qualified inspectors with executive powers. Second, allocating specific groups of specialists to clarify the law and to give sufficient guidelines to the constructors and other relevant entities.
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An innovative study on political aspects of Islam delivered by Maryam in her article titled as “The Legal Nature of Bei’at and Its Role in Islamic Political Education”.
Published in “The First International Conference of Qadir Socio-Cultural and Religious Research Studies”(May 2016), the article main concern is to differentiate between the prophetic role of prophet Muhammad and his political aspect. Studying an extensive number of Sunni and Shia resources, Maryam concludes that regardless of divinatory aspect of the prophet, the legitimacy of his state is formed by people’s votes.
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Maryam challenges the ambiguity of Iran Civil Act on how the marriage dissolution can affect the terms and conditions incorporated in the marriage contract.
Published in March 20005, the idea of this article initiated from a client’s case whose marriage was dissolved and the other party was seeking the performance of a marriage condition after the dissolution. Insisting on the importance of this issue, Maryam argues that Iran Civil Act must specifically clarify the law position on this problem. After analysing various theories delivered by Shia jurists and balanced it with the Civil law principles, Maryam concludes that the marriage contract needs particular rules compatible with its legal nature and sensitivity. Therefore, the general rules of contract law cannot always be applicable on marriage contract. This question that what the consequences of marriage dissolution are on its terms and conditions, is one of those controversial areas that must be separately addressed by the rule makers.
To read the article, click here.