Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Wife's Acquire Husband's Nationality through Mixed-Marriage: A Comparative Study between International Convention and Iraqi Law

Author(s): Hiba Thamer Mahmood Al-Samak

The wife’s acquisition of her husband’s citizenship through mixed marriage is one of the human rights stipulated by international conventions and the Iraqi constitution of 2005, as it prohibits discrimination on the basis of sex, and it is one of the contemporary jurisprudential issues that comply with the provisions of the tolerant Islamic Sharia. The research problem is manifested in that the wife, according to the law of her original citizenship, could lose her foreign citizenship as soon as she acquires the citizenship of her husband, and also in terms of being subject to a different legal system, which has legal implications for the foreign wife’s acquisition of her husband’s citizenship, and can lead to the emergence of the issue of dual citizenship, and the problem of conflict of nationalities. As well as issues of inheritance and other issues of private international law. We studied the subject according to the comparative approach between international law and Iraqi law in two sections, the first topic is about equality between women and men in acquiring citizenship through mixed marriage. The second topic includes the mechanisms of acquiring citizenship through mixed marriage. As for the most important results, the wife’s acquisition of her husband’s citizenship benefits the family and supports the jurisprudential trend that took the principle of family unity, and we suggest that the legislator should grant citizenship to the foreign wife of an Iraqi once she has a child to help in the unity of family’s citizenship.

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