saied mohammad hosseini; mohamad mahdi karimi nia
Abstract
Nationality is considered to be one the most important manifestations of civil,political and cultural rights. In the most optimistic scenario, a migrant enjoys theleast recognized right. ...
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Nationality is considered to be one the most important manifestations of civil,political and cultural rights. In the most optimistic scenario, a migrant enjoys theleast recognized right. What is the nationality of an immigrant according to thejuridical teachings of the Ahlulbayt and Iranian and Afghan laws? Based on thejuristic teachings of Ahlulbayt, there is no difference between an immigrant and anon-immigrant since both of them come from the nation of Islam, and a faithorientednationality or citizenship, therefore, would suffice. As per the Iranian andAfghan laws, the 'national' citizenship precedes faith-oriented nationality. This studyaims to examine and explain the right to the nationality of an immigrant according tojurisprudence and statutory law. The findings are as follows: 1) Faith-orientednationality would be sufficient according to Ahlulbayt to enjoy privileges and rights.2) The statutory laws of the two countries give precedence to national citizenship < br />over faith-oriented nationality. 3) Both countries have accepted the right of animmigrant to nationality but they have legislated rules which make it impossible forimmigrants to attain their rights comparison to Iranian laws.
