Journal of Research and Development in Comparative Law

Journal of Research and Development in Comparative Law

How Marriage impacts the Nationality of Couples in the Iranian Legal System with a Glance at Turkey's Legal System

Document Type : scientific research paper

Authors
Nejadali Almasi 1
Hamid Ganjizadeh 2
1 Professor of Faculty of Law and Political Sciences, University of Tehran, Tehran. Iran
2 MA in Private Law, Tarbiat Modares University, Tehran. Iran,"Corresponding Autho"
10.22034/law.2024.2025477.1319
Abstract
Today, one of the important issues that are raised in the domestic and international arena of governments is the issue of nationality, and every government tries to determine the nationality issues of its nationals by establishing specific rules. One of the things that can be effective in acquiring the nationality of a country is marriage which, depending on the conditions stipulated concerning it, can lead to either the granting or deprivation of nationality. In this regard, the Iranian legal system has distinguished between men and women and does not have the same view concerning them; while the Turkish legal system, does not recognize such a difference. This research, which is analytical and descriptive, has addressed the issue of nationality, the methods of its acquisition and the effect of marriage on the acquisition and loss of Iranian and Turkish nationality by either husband or wife.
According to the statutory articles of these two countries governing the issue of nationality, it can be stated that in the Iranian legal system, the type of marriage and its legitimacy and legality can affect the national status of Iranian men and women and even in certain cases, may lead to deprivation of Iranian nationality from individuals, while the Turkish legal system adopts a different perspective on this matter. The Iranian legislator, while distinguishing between Iranian women and men who marry foreign nationals, has simultaneously accepted the principle of family unity and the principle of individual freedom. In such a way that, with regard to the Iranian woman, if she marries a foreign man whose national law imposes the husband’s nationality on the wife, then the principle of family unity is acknowledged. However, if an Iranian woman marries a foreign man whose national law does not impose the husband's nationality on the wife, then the principle of individual freedom is recognized. For a marriage that affects the nationality of the husband and wife to be valid, Article 1059 of the Civil Code must be observed. If a religious marriage has not been conducted between the man and woman, the nationality of individuals cannot be changed based on the marriage. In the Turkish legal system, merely marrying a Turkish citizen does not automatically grant Turkish citizenship to the individual. However, this person can acquire Turkish citizenship if legal conditions are met, without needing to apply for nationality and fulfilling the necessary requirements based on Article 11 of the Turkish nationality law. In other words, the accepted principle in this country regarding the relationship between husband and wife within the family is the principle of individual freedom and the non-necessity of the unity of nationality for husband and wife.
Keywords
Keywords: nationality
marriage
Iranian woman
Iranian man
legitimacy and legality of marriage

Subjects

Al-Hawi Nazari, H., & Korkinejad, M. (2016). Domestic and international legal necessities, amending some articles of the Civil Code on women's citizenship. Public Law Studies, 46(2), 297-318 https://doi.org/10.22059/jplsq.2016.58198  (in Persian)
Almasi, N.A. (2017). Private International Law, 17th edition, Tehran, Mizan Publishing (in Persian)
Almasi, N.A., & Hemmat, M. (2011). Classical Fundamentals and Feminism in the Changing of Citizenship due to Marriage. Private and Criminal Law Research, 7(2), 87-107 https://sanad.iau.ir/en/Journal/jlap/Article/799803  (in Persian)
Arfania, B. (1998). Marriage and Citizenship. Women's Rights, No. 2, pp. 54-57 (in Persian)
Arfania, B. (2003). Private International Law. Volume One, First Edition, Tehran, Behtab Publications (in Persian)
Arian, K. (1997). Iranian marriage with foreign nationals and its impact on citizenship. Master’s thesis, Qom, Qom University Faculty of Law (in Persian)
Barryan Tabari, M. (2013). Legal Status of Citizenship of Children of Iranian Women Married with Foreign Men. Master’s thesis, Mazandaran, Faculty of Law, Mazandaran University (in Persian)
Bhalla, S. L. (1990). Fundamentals of International Law. London:  Ritu Mohindru.
Bredbenner, C.L. (2003). Nationality of Her own. Londn: Univesity of California press.
Danesh Pajoh, M. (2021). Citizenship and gender with an emphasis on the effect of marriage on the citizenship of spouses in Iranian law, private law studies, 51(3), 429- 446 https://doi.org/10.22059/jlq.2021.319463.1007507 (in Persian)
Ghorbannia, N. (2005). Women's Rights Research. First Edition, Tehran, Rooz No Publications (in Persian)
Ghorbannia, N. (2008). Citizenship of children born of Iranian women married to foreign men. Useful letter or comparative law, 15 (70), 21-38  
https://law.mofidu.ac.ir/article_46878.html?lang=en (in Persian)
Hassani, Q. (2007). Citizenship and issues and problems of immigrant and asylum-seeking children. first edition, Tehran, University of Tehran Press (in Persian)
Katozian, N. (2002). Introductory course of civil law (family law). second edition, Tehran, Mizan Publishing (in Persian)
Moridi, S., & Mansouri, F. (2017). The issue of the statelessness of children resulting from the marriage of Iranian women and its consequences, Legal Thinkers, 12, 65-84 (in Persian)
Nasiri, M. (2018). Private International Law. 34th edition, Tehran, Agah Publishing (in Persian)
Nottebohm Case. (12/ 7/ 2020) I.C.J. Reports, (Liechtenstein v. Guatemala),
https://www.refworld.Org/cases.Icj.3ae6b7248.Html  
Safaei, H., & Emami, A. (2015). Brief Family Law. 42nd edition, Tehran, Mizan Publishing (in Persian)
Seljuqi, M. (2001). Requirements of Private International Law. First Edition, Tehran, Mizan Publishing (in Persian)
Starke, J.G. (1989). Introduction to International Law. London: Butterworths.
Vahdati Shobiri, H., & Afshar Quchani, Z. (2014). Determining the legal status of children born of Iranian women married to foreign men. Comparative Law Research, 18 (4), 147-168 http://clr.modares.ac.ir/article-20-3042-fa.html (in Persian)