Legal Research Quarterly

Legal Research Quarterly

Citizenship of women and children emanating from the marriage of an Iranian woman to a non-Iranian man through a comparative scrutiny of England Law

Document Type : Original Article

Authors
saeid almasi 1
Najad Ali Almasi 2
Goodarz Eftekhar Jahromi 3
1 PhD Student of Department Private Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamis Azad University, Tehran, Iran.
2 Retired Professor of Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
3 Professor of Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran.
10.29252/jlr.2022.223294.1976
Abstract
Female citizenship is an issue that has undergone different transformations during various legislative eras, to the extent that it has ultimately achieved independence via citizenship unity system in which the woman's citizenship is considered the same as the husband's citizenship, marriage has no effect on female citizenship, and women are entitled to acknowledge their husbands' citizenship or to retain their original citizenship. As per the legal systems of Iran and the United Kingdom, it can be concluded that unlike the above-mentioned system, Iran still complies with the theory of unity of citizenship and endorses the relative independence of citizenship merely in some cases. In contrast, in the United Kingdom as a distinguished representative of the common law system, the theory of total independence of female citizenship has been recognized for many years and the marriage of women to foreign men does not automatically change the nationality of either spouse. Furthermore, concerning the transfer of citizenship to the children, mothers and fathers can equally transfer the right to their children. However, Iranian law does not recognize the possibility of transferring Iranian citizenship via Iranian mothers and only Iranian fathers are endowed with such privilege. More importantly, the civil code does not meet the requirements of the contemporary Iranian society and requires serious revisions in this regard. The problems arisen in recent years authenticates the urgent need for these reforms.
Keywords
Citizenship of Women
Citizenship of Children
Acquired Citizenship
Iranian Law
England Law
Subjects

  1.  

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    1. Cheshire and North, Private international law, 12th ed, London, Butter worthes, 1992.

    Articles

    1. R. De Gruyther L, “Mixed Marriages”, Journal of Comparative Legislation and International Law, Vol. 11, No. 1,1929.
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    Case/ Document/ Report

    1. Borders Nationality and Immigration Act 2009.
    2. British Nationality Act 1981.
    3. Committee of Ministers Council of Europe 1995.
    1. European Convention On Nationality, 1997.
    1. Immigration Asylum and Nationality Act 2002.
    2. Immigration Asylum and Nationality Act 2006.

     

  • Receive Date 25 August 2021
  • Revise Date 28 December 2021
  • Accept Date 01 January 2022