Document Type : Research Paper
Authors
1
Department of Law, University of Bojnord, Bojnord, Iran
2
Department of Law, Torbat-e Heydariyeh Branch, Islamic Azad University, Torbat-e Heydariyeh, Iran
Abstract
The issue of women's nationality has always been the focus of many legal aspects of national legislative bodies and international forums, and the question has always been raised as to how the citizenship of women and their husbands will change if women who are citizens of a country marry citizens of another country. While the change of the world view from the theory of family unity to the independence of nationality has created significant achievements, there are still shortcomings in the practical achievement of independence of nationality, non-gender discrimination and the human right of all individuals to acquire, transfer and renounce it. Since the rate of marriages between Iranian women and nationals of other Middle Eastern countries, especially Iraq, Afghanistan, Jordan and the United Arab Emirates, is significant, the way to deal with the mentioned issue in the domestic laws of the mentioned countries is of fundamental importance. Therefore, in this article, while studying related legal sources, with a descriptive, analytical and comparative method, the laws of these countries have been examined and verified. In the present study, it was determined that if an Iranian woman marries a man from the studied countries, her primary and main nationality will not be taken away from her, and the man's nationality will not be imposed on her. In these countries, the principle of independence of the nationality of spouses has been the basis for the approval of related legal articles in various ways, and finally, it must be accepted that the progress and legal developments of the studied countries, as neighbors of our country, confirm the necessity of revising the laws and regulations related to nationality in Iran.
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