Reconsidering the “Critical-Corrective” Article of the Single Article Approved in September 2017 on “Iranian Citizenship of Children Born to Iranian Women Married to Non-Iranian Men”

The ambiguity and conciseness of the law on the citizenship of the children of Iranian mothers, on the one hand, and some dense social problems for the children of Iranian women married to Iraqi nationals and increasingly Afghan migrants, on the other hand, led the legislator to pass a single articl...

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Main Author: Mostafa Daneshpajooh
Format: Article
Language:fas
Published: Institute for Humanities and Cultural Studies (IHCS) 2021-01-01
Series:پژوهش‌نامۀ انتقادی متون و برنامه‌های علوم انسانی
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Online Access:https://criticalstudy.ihcs.ac.ir/article_6009_51457f9d830d1e69f8a8c179c5d50a20.pdf
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author Mostafa Daneshpajooh
author_facet Mostafa Daneshpajooh
author_sort Mostafa Daneshpajooh
collection DOAJ
description The ambiguity and conciseness of the law on the citizenship of the children of Iranian mothers, on the one hand, and some dense social problems for the children of Iranian women married to Iraqi nationals and increasingly Afghan migrants, on the other hand, led the legislator to pass a single article in 2006. However, the conceptual ambiguities and implementation problems of this single article caused the legislator to repeal the previous single article by approving a new article in 1398.This article is an attempt to illustrate the article’s strengths and weaknesses by reconsidering the “critical-corrective” nature of the new single article, and especially to explain its incompatibility with the forty-first principle of the constitution; it is finally suggested that due to the truth and nature of citizenship and more compatibility with Article 41 of the Constitution, maternal lineage, like paternal lineage, secure the Iranian citizenship to the child.
format Article
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institution Kabale University
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publisher Institute for Humanities and Cultural Studies (IHCS)
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series پژوهش‌نامۀ انتقادی متون و برنامه‌های علوم انسانی
spelling doaj-art-4476844ae7124026b44f957b192e88492025-01-08T05:46:24ZfasInstitute for Humanities and Cultural Studies (IHCS)پژوهش‌نامۀ انتقادی متون و برنامه‌های علوم انسانی2383-16502021-01-01201120923710.30465/crtls.2020.31431.18816009Reconsidering the “Critical-Corrective” Article of the Single Article Approved in September 2017 on “Iranian Citizenship of Children Born to Iranian Women Married to Non-Iranian Men”Mostafa Daneshpajooh0Associate Professor, Research Institute of Hawzah and University, Department of Law, University of Tehran and the Centre for Islamic Seminaries of QomThe ambiguity and conciseness of the law on the citizenship of the children of Iranian mothers, on the one hand, and some dense social problems for the children of Iranian women married to Iraqi nationals and increasingly Afghan migrants, on the other hand, led the legislator to pass a single article in 2006. However, the conceptual ambiguities and implementation problems of this single article caused the legislator to repeal the previous single article by approving a new article in 1398.This article is an attempt to illustrate the article’s strengths and weaknesses by reconsidering the “critical-corrective” nature of the new single article, and especially to explain its incompatibility with the forty-first principle of the constitution; it is finally suggested that due to the truth and nature of citizenship and more compatibility with Article 41 of the Constitution, maternal lineage, like paternal lineage, secure the Iranian citizenship to the child.https://criticalstudy.ihcs.ac.ir/article_6009_51457f9d830d1e69f8a8c179c5d50a20.pdforiginal citizenshipacquired citizenshipblood systempaternal lineagematernal lineage
spellingShingle Mostafa Daneshpajooh
Reconsidering the “Critical-Corrective” Article of the Single Article Approved in September 2017 on “Iranian Citizenship of Children Born to Iranian Women Married to Non-Iranian Men”
پژوهش‌نامۀ انتقادی متون و برنامه‌های علوم انسانی
original citizenship
acquired citizenship
blood system
paternal lineage
maternal lineage
title Reconsidering the “Critical-Corrective” Article of the Single Article Approved in September 2017 on “Iranian Citizenship of Children Born to Iranian Women Married to Non-Iranian Men”
title_full Reconsidering the “Critical-Corrective” Article of the Single Article Approved in September 2017 on “Iranian Citizenship of Children Born to Iranian Women Married to Non-Iranian Men”
title_fullStr Reconsidering the “Critical-Corrective” Article of the Single Article Approved in September 2017 on “Iranian Citizenship of Children Born to Iranian Women Married to Non-Iranian Men”
title_full_unstemmed Reconsidering the “Critical-Corrective” Article of the Single Article Approved in September 2017 on “Iranian Citizenship of Children Born to Iranian Women Married to Non-Iranian Men”
title_short Reconsidering the “Critical-Corrective” Article of the Single Article Approved in September 2017 on “Iranian Citizenship of Children Born to Iranian Women Married to Non-Iranian Men”
title_sort reconsidering the critical corrective article of the single article approved in september 2017 on iranian citizenship of children born to iranian women married to non iranian men
topic original citizenship
acquired citizenship
blood system
paternal lineage
maternal lineage
url https://criticalstudy.ihcs.ac.ir/article_6009_51457f9d830d1e69f8a8c179c5d50a20.pdf
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