Legal Challenges of the Citizenship of the Child Born of the Marriage of an Iranian Woman and a Non-Iranian Man with Emphasis on the Amendment Regulation of 1398s

Document Type : Scholarly Article

Authors

1 MSc. of Private Law, Shiraz University, Shiraz, Fars, Iran

2 Assistant Professor Department of Private and Islamic Law, Shiraz University, Shiraz, Fars, Iran

Abstract

Granting citizenship through the Iranian legal system has challenges in relationship with citizenship of children born from the marriage of Iranian women to foreign men. In 1398, the act was approved to cover the shortcomings of the 1385’s act. This not only did not open the way but made the problem more complicated. One of the challenges is the sufficiency of Sharia marriage instead of permission from the government (Article 1060 of the Civil Code) for granting citizenship, which creates irreparable consequences, especially for Iranian women. Also, despite considering citizenship to be acquired, granting citizenship has been positive and has created a situation of dual citizenship. The present article, through a descriptive-analytical review, comes to the conclusion that although it is possible that granting citizenship to these children is a positive step to reduce their injuries and problems, and it opens the way for people without birth certificates who have dual identity; But due to lack of proper information and lack of transparency, there are many challenges in this field; Also, due to the existing secret and unplanned migrations, the issue faces security and political threats. The large volume of immigration to Iran has also turned the issue from normal to security and political. The process of issuing a birth certificate is faced with a considerable delay in the security institution's inquiry stage. Still, due to security issues, it is impossible to reduce decision-making institutions. Therefore, Iran should enter into this issue more consciously and actively, and turn threats into opportunities, and the approach to granting citizenship should not be unilateral.

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Main Subjects

References

  • Abbasi, Atefeh, Badaghi, Fatemeh (1388), the right to citizenship of children born from the marriage of Iranian women and foreign men, Journal of Fiqh and Family Law, No. 51 (in Persian)

    • Abdipourfard, Ebrahim (1398), Inequality between Iranian fathers and mothers in the transfer of citizenship to their children, comparative law studies (in Persian)
    • Abedin, Hossein (1378), Legal Aspects of Marriage with Foreign Nationals, Majlis and Strategy Magazine, No. 28 (in Persian)
    • Amini, Mahdi, Amini, Zahra (2018), "Nationality of children born from the marriage of Iranian women with non-Iranian men", private law (research), pp. 435-462 (in Persian)
    • Arfa Nia, Behshid (1369), Private International Law, first volume, Tehran, Behtab Publications, second edition (in Persian)
    • Asadi, Leila Sadat (1387), "The child's right to identity", biannual scientific-promotional journal of jurisprudence and family law (Nadai Sadeq), 13th year, autumn and winter, vol. 49, pp. 26-46 (in Persian)
    • Asadinejad, Seyyed Mohammad; Rostami Chalkasari, Ebadollah; Moradi, Fatemeh (2014), "The right to education and upbringing of a child in Iranian laws and human rights documents", biannual scientific-promotional journal of jurisprudence and family law (Nadai Sadeq), 20th year, spring and summer, vol. 62, pp. 173-195 (in Persian)
    • Azizi, Sattar, Haji-Azizi, Bijan (1390), Citizenship in Iranian and International Law, Hamedan, Buali Sina University, first edition (in Persian)
    • Azizi, Sattar, Haji-Azizi, Bijan (1390), "Investigation of the position of the Iranian mother in the transfer of citizenship to the child: a critique of Article 976 of the Iranian Civil Code and the single article of 1385", Journal of Legal Research, Vol. 56 (in Persian)
    • Balazadeh, Zohreh (1383), Private International Law and Iran's Regulations in the Field of Citizenship, Residence and the Status of Aliens, Tehran, Democracy Publications, 1st Edition (in Persian)
    • Bayat, Zahra (1395), examining the legal status of Afghan nationals in Iran and determining the role of Iranian spouses and their children, master's thesis, under the guidance of Saleh Khedri, Islamic Azad University, Safadasht Branch (in Persian)
    • Citizenship code approved on Shahrivar 1308. (in Persian)
    • Citizenship code of the Islamic Republic of Afghanistan, 1370 (in Persian)
    • Code on Establishment of the National Migration Organization, 2022 (in Persian).
    • Demarchili, Mohammad, Hatami, Ali and Qaraei, Mohsen (1381), Commercial code in the Current =Law System, Mithaq Adalat Publications (in Persian)
    • Ebrahimi, Nasrollah (1383), Private international law, Tehran, first edition, organization for the study and editing of university humanities books (in Persian)
    • Eghtedari, Sedigheh (2019), citizenship of children resulting from the marriage of Iranian women with foreign men with emphasis on the new law approved in 2018, master's thesis, under the guidance of Maryam Afshari, Islamic Azad University, Damavand branch (in Persian)
    • Eskini, Rabia (1384), Commercial Law, Commercial Companies, Volume 1, Tehran, Samt Publications (in Persian)
    • Gholami, Abdollah, Deputy Director General of the Department of Foreign Nationals and Immigrant Affairs, interview dates: 4/8/1401, 4/29/1401 and 5/4/1401 (in Persian)
    • Imani Naini, Mohsen, Sadeghi, Mahmoud, Abdi, Fatemeh (1390), "Investigating the possibility of expanding legal protections for women marrying non-Iranian nationals", Women's Strategic Studies Journal, 4th year, No. 54, pp. 91-134 (in Persian)
    • Iranian Civil Code (in Persian)
    • Jahed, Maedeh (1397), a comparative study of the right to transfer citizenship from mother to child in Imami jurisprudence and the legal system of the Islamic Republic of Iran, master's thesis, under the guidance of Ahmadreza Tohidi, Faculty of Principles of Religion, Qom Center (in Persian)
    • Kazemi, Khadijah (1394), Examining the rules related to the citizenship of women and children in Iranian law, Master's thesis, under the guidance of Reza Nikkhah Sarnaghi and Mohammad Hassan Javadi, Urmia University, Faculty of Literature and Humanities. (in Persian)
    • Mahdipour, Seyedeh Fatemeh, Sobhani, Mahdi and Maqshoodi Pashaki, Reza (1400), "Criticism and review of the conditions and effects of the law on determining the citizenship status of children born from the marriage of Iranian women with foreign men approved in 2018", Scientific Journal of Contemporary Comparative Legal Studies, Vol. 23, pp. 111-134 (in Persian)
    • Maleki, Mahboobeh; Nikoomanesh, Amrollah; Azimi Gorgani, Hadi (1401), "The Jurisprudential Foundations of Formal Registration of Marriage and Divorce with an Emphasis on the Rule of "Negation of Disturbance in the System", Scientific Journal of Jurisprudence and Family Law, Research Paper, Volume 27, No. 77, Autumn and Winter, pp. 205 to 225. (in Persian)
    • Mohammad Nabi, Hossein (1382), Laws of Iran and Foreign Nationals, first edition, Tehran, Keshavarz Publishing (in Persian)
    • Mousavi, Seyyednaqi; Nader Ali, Yaser (1401), reinterpretation of the territory of mother's guardianship in Islamic jurisprudence, biannual scientific journal of jurisprudence and family law, promotional article, volume 27, no. 77, autumn and winter, pp. 283-297 (in Persian)
    • Nasiri, Mohammad (1384), Private International Law, Tehran, Agah Publications Institute, 12th edition. (in Persian)
    • Nazif, Mojtaba (1391), Principles of Private International Law, Justice Publications Institute, first edition. (in Persian)
    • Nurai, Foroozan and Ghazanfari, Hengameh (1396), the conditions of granting citizenship to a child through the mother with a view to the laws of Iran, Afghanistan and Tajikistan, International Law Congress. (in Persian)
    • Rahnama, Hassan, legal expert of Shiraz civil registry office, date of interview: 8/4/1401 (in Persian)
    • Raisi, Parinaz (1386), Comparative study of women's citizenship in the legal systems of Iran, Britain and France, Master's thesis, Faculty of Law and Political Sciences, University of Tehran (in Persian)
    • Regulation of issuing marriage license of Iranian women with non-Iranian foreigners Approved 6/7/1345 (in Persian)
    • Regulations on granting citizenship to children from marriages of Iranian women approved in 2020 (in Persian)
    • Saljooghi, Mahmoud (1391), Principles of Private International Law, Tehran, Mizan, 13th edition (in Persian)
    • Salmanpour, Sara, The situation of children born from the marriage of foreign men with Iranian women with a view to the 1989 Convention on the Rights of the Child, Master's thesis, under the guidance of Abbas Zamani, Islamic Azad University, Maroodasht Branch, Faculty of Basic Sciences (in Persian)
    • Shah Haider, Abdul Karim, Saligheh, Mohammad Jaafar (1395), The Impact of Immigration on Criminal Relations, The First National Conference on New Findings in Humanities and Social Security, Tehran, Iran and the World Legal Studies Institute (in Persian)
    • Tadayon, Abbas, Yousefi, Majid (1387), "The effect of marriage between a foreign man and an Iranian woman on the citizenship of children", Strategic Studies of Women, Scientific Journal of the Ministry of Science, no. 4. (in Persian)
    • Taghinjad, Ali; Ghamami, Seyyed Mohammad Mehdi; Azizi, Hossein (1399), "Legislative requirements of population policy in the legal system of the Islamic Republic of Iran", biannual scientific journal of jurisprudence and family law, research paper, volume 25, no. 72, spring and summer, pp. 25-47 (in Persian)
    • Tavassoli Naini, Manouchehr (1383), the principle of unity of citizenship of spouses in Iranian law, Journal of Private Law, second year, number 7 (in Persian)
    • Tavassoli Naini, Manouchehr (1390), a reflection on the situation of children born from the marriage of foreign men with Iranian women with a view to the 1989 Convention on the Rights of the Child, Journal of Criminal Law Research, second year (in Persian)
    • Tavasoli Naini, Manouchehr, Afzali, Abdulvahed (1392), "Legal Developments of Afghanistan's Citizenship Law in the Field of Marriage with Foreigners Compared to Iran's Citizenship Law", Specialized Scientific Quarterly of the Department of Law, Faculty of Humanities, University of Science and Culture, second year, second number. (in Persian)
    • The Amendment of the code amending the code on determining the situation of children from the marriage of Iranian women with non-Iranian men (single article) approved in 1398, 2023 (in Persian)
    • The code determining the situation of children from the marriage of Iranian women with foreign men approved on 2/7/1385 (in Persian)
    • The code amending the code on determining the situation of children from the marriage of Iranian women with non-Iranian men (single article) approved in 1398 (in Persian)
    • The Constitution of the Islamic Republic of Iran (in Persian)
    • The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1979, UN.
    • The Convention on the Reduction of Statelessness, 1961, UN.
    • The Universal Declaration of Human Rights, 10 Dec. 1948.
    • Zarei, Hamid (1398), a comparative study of the effect of marriage with foreigners on the citizenship of children in Iranian and French law, the second international innovation and research congress in humanities and Islamic sciences, Tehran (in Persian)

     

     

Biannual Journal of Family Law And Jurisprudence
Volume 29, Issue 80
April 2024
Pages 179-207

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