A Comparative Study of the Concept of Citizenship in Contemporary international Law Systems and Islamic Law
Subject Areas :
1 - عضو هیات علمی گروه علوم سیاسی دانشگاه آزاد اسلامی واحد شهرضا
Keywords: contemporary international law, Islamic law, international law system, Islamic citizenship, conventional citizenship, national citizenship,
Abstract :
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.
