Akhlāq-i zīstī i.e., Bioethics Journal

Abstract

Background and Aim: Acquisition of Nationality is one of the most important legal and political issues in today's society, and there are different attitudes towards it from various aspects. In this way, although the views of statute law and Islamic jurisprudence are two different views, but finding common moral points in the Acquisition of Nationality to some extent, can create a convergence between jurisprudential and legal views.  

Materials and Methods: The present study seeks to examine Nationality from a jurisprudential-legal perspective based on a descriptive-library method by presenting a combination of ideological and material principles.

Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Findings: Although Islamic jurisprudence considers the Acquisition of Nationality on the basis of belief and membership in the Islamic government (treaty), but it takes a similar ethical approach to the principles of Acquisition of Nationality in statute law, which emphasize soil (place of birth) and blood (blood relation). Therefore, what has adopted in the statute law in different countries and Iranian domestic law on nationality is highly compatible with the jurisprudential approach. 

Conclusion: What is morally evident in Islamic jurisprudence and statute law is the attempt to eliminate and minimize dual citizenship. Also, the principles and foundations of jurisprudence, including granting citizenship rights to non-Muslims, can be extended to the rights of stateless people and therefore in Islamic jurisprudence, there is a constructive moral attitude towards reducing and eliminating statelessness. In conclusion, efforts to help stateless people due to issues such as war, famine and civil disorder, as well as countering the promotion of dual citizenship due to difficult citizenship duties, are among the ethical principles of the statute law in international law and Islamic jurisprudence.

Please cite this article as: Gholizadeh A, Nikomanesh A, Bahrami Nejad Maghviyeh A. Ethical commonalities of Acquisition of Nationality in Islamic jurisprudence and statute law. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 181-190.