Khazanah Hukum
Vol 5, No 1 (2023): Khazanah Hukum Vol 5, No 1 April (2023)

The Effects of Marriage and Divorce on Women's Nationality in the Iranian Law

Seyed Mohsen Hashemi Nasab Zavareh (Lawyer and Member of the Iranian Central Bar Association)



Article Info

Publish Date
10 Feb 2023

Abstract

As the first and foremost social institution, the family significantly impacts its immediate larger society. Also, the importance of family as a key figure in a healthy society and the necessity of strong relations between spouses make it imperative to devise the required legal devices. As women are prone to suffer and receive more damage in cases of family breakdown, the legislator should develop and establish more protective statutes concerning women's rights. This study uses legal research methods with a qualitative approach. To protect Iranian women's rights, the legislator distinguishes cases where an Iranian woman marries a foreign man and those where Iranian men marry foreign women. In the former case, the wife's change, or retention, of nationality is subject to the laws of the husband’s State. In contrast, in the latter case, the legislator enforces the unity of nationality principle. Marriage between Iranian women and foreign men causes women to experience many changes and limitations regarding their national and inheritance rights. Also, they may lose their Iranian nationality due to their marriage —in cases when the husband’s nationality, due to the law of the husband's State, is forced upon the wife. On the other hand, foreign women married to Iranian men, though forced to accept Iranian nationality, encounter fewer limitations resulting from marriage. Upon Divorce, they are neither forced to accept a nationality, unlike when marriage is celebrated, nor denied their Iranian nationality. They can choose whether to remain an Iranian national or recover their original nationality.

Copyrights © 2023






Journal Info

Abbrev

kh

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Khasanah Hukum ISSN 2715-9698 is peer-reviewed national journal published biannually by the Law of postgraduate Program, State Islamic University (UIN) of Sunan Gunung Djati Bandung. The journal emphasizes aspects related to economics and business law, which are integrated into Islamic Law in an ...