Citizenship or nationality is a word that is used to refer to a kind of political, spiritual or legal relationship between a person and a certain nation or government. Citizenship is a legal and international concept that has received a lot of attention in the last one or two centuries.
Regarding the effect of marriage on a woman’s nationality, theoretically there are two main views (traditional and modern): the traditional view emphasizes the principle of the unity of the nationality of the couple, and for this purpose, it absolutely defends the actual change of the woman’s nationality as a result of marriage. . In contrast, the modern point of view, which looks more at the issue of the effect of marriage on citizenship from a gender point of view, and is opposed to it based on gender discrimination, is based on the principle of the complete independence of the couple’s citizenship, and as a result, supports the non-realization of the woman’s citizenship as a result of marriage.
In this regard, Karimi & Associates Law Firm, with its experienced team of lawyers, provides specialized legal advice and support for your interests in the regulation of citizenship in Iran. If you are involved in this process, you can contact us and enjoy our top-tier legal services.
Iran’s Civil law
Iran’s law regarding the effect of marriage on citizenship, when an Iranian marries a foreigner, has a different treatment depending on whether the foreigner is the wife or the husband; If the wife is a foreigner, the principle of unity of nationality has been accepted and explicitly in paragraph 6 of Article 976 of the Civil Code, “any woman of foreign nationality who is chosen by an Iranian husband” is considered a citizen of Iran, and once again, at the beginning of Article 986, with the phrase “non-Iranian woman” that “as a result of marriage” is considered Iranian…”, he emphasizes.
But if the husband is a foreigner, there are no articles in Iran’s laws that explicitly speak about the imposition of Iranian citizenship on a foreign man who is married to an Iranian woman.
It can be seen in this way that the law of Iran in enjoying Iranian citizenship as a result of marriage (realized citizenship), on the one hand, has accepted a kind of positive gender discrimination (in the general sense) in favor of a foreign woman in comparison with a foreign man, and on the other hand, with paying attention to Article 987 of the Civil Code, which does not consider the mere marriage of an Iranian woman to a foreign man as the reason for changing the citizenship of an Iranian woman, has accepted political discrimination between an Iranian woman and a foreign woman, meaning that in the marriage of a foreign woman to an Iranian man, the principle of unity of nationality and in the marriage of an Iranian woman with a foreign man has accepted the principle of nationality independence.
Iran’s Constitution law
In Article 41 of the Constitution of the Islamic Republic of Iran, it is clearly stated: Iranian citizenship is the inalienable right of every Iranian, and the government cannot deprive any Iranian of his citizenship, except at his own request or if he becomes a citizen of another country.
In Article 42, it is also stated: Foreign nationals can acquire Iranian citizenship within the limits of the laws, and it is possible to revoke the citizenship of such persons if another government accepts their citizenship or if they themselves request it.
Citizenship of legal entities
In the Civil Code of Iran, from Article 991 to 976, some things have been said about the citizenship of natural persons, but regarding the citizenship of legal persons, our legislator has been silent to some extent their residence in that country, it is said in our commercial law that residence means the place where the company’s office is located, so the legal entity has the citizenship of the country where its office is located in that country, and objects such as airplanes and the ships have the nationality of the country under whose flag they sail and the laws and regulations of that country are applied to them.
If you need legal advice for citizenship in Iran or any other matters related to it, you can contact us through the contact us section to receive specialized legal advice from our team of expert lawyers.