Volume 15 - Legal Innovation                   MLJ 2021, 15 - Legal Innovation: 945-961 | Back to browse issues page

XML Persian Abstract Print


Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:

Gholizadeh A, Nikoomanesh A, Bahrami Nejad Maghviyeh A. A Comparative Study of Citizenship in Statute Law and Citizenship in Islamic Jurisprudence. MLJ 2021; 15 :945-961
URL: http://ijmedicallaw.ir/article-1-1388-en.html
1- Department of Jurisprudence and Fundamentals of Islamic Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
2- Department of Jurisprudence and Fundamentals of Islamic Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
Abstract:  
Background and Aim: Today, as human and international relations become more complex, the need to align doctrinal principles with domestic and international law has become increasingly apparent. The present article has been prepared with the aim of examining the issue of homeland and citizenship in jurisprudence and the subject law and practice of different countries regarding the issue of citizenship.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: Citizenship in Imami jurisprudence is based on two foundations of belief (faith) and membership in the Islamic government (covenant). Accordingly, in the principles of Imami jurisprudence, a person who believes in Islam in the Islamic government or resides in the territory of the Islamic government as a follower (followers of other religions and prophets of the Book) has the citizenship and support of the Islamic government. As a result, some residents of Islamic lands who believe in their traditional (non-monotheistic) beliefs are excluded from government support. In positive law, the institution of citizenship represents a material and spiritual relationship between the individual and the government, which is either rooted in the individual's origin or, depending on the conditions set forth in the law, is acquired by the individual or granted by the government. By citizenship, both the individual and the government assume obligations to each other.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: Since the rights in question must be assigned to all the inhabitants of the land in terms of citizenship coverage, Therefore, it generally determines the citizenship of individuals based on the two criteria of soil (place of birth) and blood (ratio) and adjusts it with sub-criteria such as occupation, which is the case in most countries, including Iran. Thus, there seem to be differences in the application of jurisprudential and legal views on the issue of citizenship, and since the purpose of implementing jurisprudential rulings and legal laws is to administer justice to all citizens under the rule of the Islamic country, it seems necessary for jurisprudential scholars and legal experts. Efforts are being made to create a theoretical consensus between the two perspectives.

Cite this article as: Gholizadeh A, Nikoomanesh A, Bahrami Nejad Maghviyeh A. A Comparative Study of Citizenship in Statute Law and Citizenship in Islamic Jurisprudence. Medical Law Journal 2021; Legal Innovation.
 
Type of Study: Original Article |
Received: 2021/05/18 | Accepted: 2021/09/8

Add your comments about this article : Your username or Email:
CAPTCHA

Send email to the article author


Rights and permissions
Creative Commons License This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

© 2024 CC BY-NC 4.0 | Medical Law Journal

Designed & Developed by : Yektaweb