A COMPARATIVE STUDY OF NATIONALITY IN CONTEMPORARY INTERNATIONAL LEGAL SYSTEMS AND THE ISLAMIC LAW

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HEMMAT MASOUD

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Journal: Political International Researches Year:2016 | Volume:7 | Issue:25 Page(s): 189-214

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Title

A COMPARATIVE STUDY OF NATIONALITY IN CONTEMPORARY INTERNATIONAL LEGAL SYSTEMS AND THE ISLAMIC LAW

Author(s)

HEMMAT MASOUD | Issue Writer Certificate

Keywords

Islamic lawQ2

contemporary international lawQ2

international law systemQ2

Islamic citizenshipQ2

conventional citizenshipQ2

national citizenshipQ2

Abstract

As regard the nationality in Islamic law there are three categories of nationality: Islamic or Uma nationality, contract nationality and national nationality. Islamic nationality is based on "Islamic nation" and contractual nationality is based on Zemme contract (a contract between the Islamic government and non-Muslim citizen who have accepted holy book). The Zemme contract is having its basis on faith and national nationality is based on international private law criteria and its base is physical and material. The present paper wants to answer this question that on what principle the concept of nationality in contemporary international law and Islamic law are based? What are the similarities and differences between the two legal systems in question of nationality? The present paper wants to introduce a mix of material and faith principles to examine the concept of nationality from the viewpoint of religious jurisprudence. The paper shows the similarities of Islamic legal system and contemporary international law in the concept of nationality and the differences between the concepts of Islamic nationality and concept of contractual nationality. For examining the legal concept and element related to discussion the descriptive method is used and for explaining the legal values and elements scientific analysis method is used.

Cites

THE REVOCATION OF NATIONALITY IN THE VIEW OF ISLAMIC LEGAL SYSTEM AND INTERNATIONAL HUMAN RIGHTS LAW

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APA: Copy

HEMMAT, MASOUD. (2016). A COMPARATIVE STUDY OF NATIONALITY IN CONTEMPORARY INTERNATIONAL LEGAL SYSTEMS AND THE ISLAMIC LAW. POLITICAL AND INTERNATIONAL SCIENTIFIC AND RESEARCH QUARTERLY, 7(25), 189-214. SID. https://sid.ir/paper/172954/en

Vancouver: Copy

HEMMAT MASOUD. A COMPARATIVE STUDY OF NATIONALITY IN CONTEMPORARY INTERNATIONAL LEGAL SYSTEMS AND THE ISLAMIC LAW. POLITICAL AND INTERNATIONAL SCIENTIFIC AND RESEARCH QUARTERLY[Internet]. 2016;7(25):189-214. Available from: https://sid.ir/paper/172954/en

IEEE: Copy

MASOUD HEMMAT, “A COMPARATIVE STUDY OF NATIONALITY IN CONTEMPORARY INTERNATIONAL LEGAL SYSTEMS AND THE ISLAMIC LAW,” POLITICAL AND INTERNATIONAL SCIENTIFIC AND RESEARCH QUARTERLY, vol. 7, no. 25, pp. 189–214, 2016, [Online]. Available: https://sid.ir/paper/172954/en

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