NATIONALITY OF ILLEGITIMATE CHILDREN IN THE LIBERATED AREAS ACCORDING TO THE IRAQI LEGAL REGULATION
Keywords:
Human Rights, Nationality, human, UniversalAbstract
Nationality is a document of great importance for both the individual and the state alike. It is the basic criterion by which a distinction is made between a national and a foreigner, and this distinction is of clear importance with regard to the rights and obligations imposed by law, which differ between a national and a foreigner. The principle of belonging to a particular state has become a necessity for every individual required by his human existence, and this can only be accomplished by obtaining nationality, which is a tool for obtaining his natural rights to enjoy the inherent privileges without which his life is not upright, so international organizations have drawn attention to the importance of nationality as a right The United Nations issued the Universal Declaration of Human Rights in 1948, which affirmed that “nationality is one of the rights necessary for the life of the individual as a human being,” and stipulated it among the basic rights guaranteed by the Charter, so that Article (15) of it stipulated that “everyone has the right to obtaining of any nationality
References
Copied from the Quilliam Foundation, a British research center concerned with terrorism and extremism, published on 3/21/2017, and some data are based on the statements of an Iraqi intelligence official, who said (there are 31 thousand pregnant women in ISIS strongholds). www.quilliaminternationl.com Date of visit 12/4/2017.
Researcher Ghazwan Hassan Al-Jubouri - data provided within the Iraqi Interior Intelligence Research Group, published on 5/15/2017 on the website of the Ministry of Interior, www.moi.gov.iq. The date of the visit is 4/14/2017.
Dr. Abdel Moneim Zamzam - Nationality Provisions in International Law and Comparative Egyptian Law, Dar Al-Nahda Al-Arabiya, Cairo, 2011, p. 48.
Dr. Tariq Khairat Farhat - Principles of Nationality, A Comparative Study on Nationality Legislation in the Gulf Cooperation Council Countries and Egypt, Edition 1, Dar Al-Nahda Al-Arabiya, Cairo, 2012, p. 42.
Dr. Abbas Al-Aboudi - Explanation of the provisions of the Iraqi Nationality Law No. 26 of 2006 and the domicile and status of foreigners, a comparative study within the scope of private international law, Al-Sanhouri Library, Baghdad, 2012, p. 69.
Surat Al-Ahzab, verse 5.
Dr. Ezz El-Din Abdullah - Private International Law, Part 1, Nationality, Domicile and Status of Foreigners, 11th Edition, Egyptian General Book Organization, Cairo, 1986, p. 136. friendship . Jaber Ibrahim Al-Rawi - International Private Law, Nationality According to the Provisions of Comparative Iraqi Law, University Institution, Baghdad, 1977, p. 82.
Nationality Law No. 26 of 2006 in force in Iraq, and published in the Official Gazette (Al-Waqa’i Al-Iraqiya newspaper) No. 4019 and dated 3/7/2006, pg 4.
What is meant by the bed here, is that the woman is in a state if she brings up a son whose lineage is proven by him, and that is through a valid marriage, i.e. the marriage is established between the man and the woman at the time of the beginning of pregnancy.
What is meant by the acknowledgment here, is that the confessor is of unknown parentage, and that he be from one of those who is born like him for the same acknowledgment, if not, as if they are equal or close in age, the acknowledgment is not valid, as well as for the confessor to ratify his acknowledgment of lineage if he is qualified for approval. In the case of the births in question, he shall be considered certified due to the realized interest of the undistinguished acknowledgment of his parentage to his mother. Dr. Hisham Khaled, Acquisition of the Original Nationality by Birth to a National Father, Edition 1, Dar Al-Fikr Al-jameie, Alexandria, 2012, p. 59.
Evidence is the testimony of two just men or the testimony of a righteous man and two women, and here we are talking about testimony in the framework of personal status (proving lineage) according to the provisions of the noble Islamic Sharia.
Dr. Hilal Abdul-Ilah Ahmed and d. Khaled Mohamed El-Qadi - Child Rights in Islamic Sharia, International Conventions and National Legislation, Family Library (Social Sciences Series), Egyptian General Book Authority, 2008, p. 158 and beyond.
Repealed Nationality Law No. 43 of 5/30/1963, published in the Official Gazette (Al-Waqa’a Al-Iraqiya) No. 818, published on 06/19/1963, Part Two, page 220.
The Swedish legislator did not stipulate in the Nationality Law of 2001 in Article 1 that the marriage between the father and mother be established in granting nationality on the basis of blood descended from the mother alone, and that nationality in this case is imposed automatically and by force of law without the need to submit an application or take any action Montchrestien
Dr. Abbas Al-Aboudi - the previous source, p. 75.
Jurist Major General Yassin Taher Al-Yasiri - Al-Wafi in explaining the Iraqi Nationality Law, 4th floor, Al-Aatek Printing Company, 2011, p. 123.
Quoted from activist Nadim Houry - Director of the Counter-Terrorism Program for the Middle East at Human Rights Watch, published on 3/30/2017, available at www.hrw.org. The date of the visit is 4/15/2017.
The researcher, Ghazwan Hassan Al-Jubouri, presented this information in an article on the findings of the Iraqi Interior Intelligence. Published on 5/15/2017 on the website of the Ministry of Interior, www.moi.gov.iq, date of the visit. 18/5/2017
The report of the Iraqi Human Rights Commission, referred to 520 children without nationality in Anbar Governorate, only those who are officially identified as non-children whose mothers did not review their mothers to announce the unofficial status of their children, as a result of their marriage to members of Al-Qaeda for the period from 2004 to 2009, the report was published in 2013 Available on the Iraqi Parliament’s Human Rights Committee website, www.ar.parliament.iq. The date of the visit is 4/13/2017.
The amended Iraqi Penal Code No. 111 of 1969 / published in the Iraqi Gazette, No. 1778, dated 12/15/1969, p. 671.
Although there are details about abortion and abortion according to the provisions of Islamic Sharia, there is almost unanimity on abortion, available at the link 32 - www.fatwa.islamweb.net. The date of the visit is 6/24/2017, and according to the following: Hanafi jurisprudence / a footnote to Rad al-Muhtar, by Ibn Abdeen Ali al-Durr al-Mukhtar, vol. 5, pp. 410-413. Maliki jurisprudence / Hashiyat al-Desouqi and Sharh al-Dardir, vol. 4, p. 268, Shafi’i jurisprudence / Nihat al-Muhtaj by Abu Ishaq al-Marwazi, vol. 7, pp. 360-364. Hanbali jurisprudence / Al-Mughni by Ibn Qudamah in the Book of Blood Money, vol. 8, p. 153. Imami Shiite Jurisprudence / Seyyed Ali Al-Husseini Al-Sistani, referendums, His Eminence's Office, available at the following link: www.sistani.org. Date of visit 25/6/2017.
The Universal Declaration of Human Rights - an international human rights document of 30 articles, representing the declaration adopted by the United Nations on December 10, 1948 at Palais Chaillot in Paris. As well as the International Covenant on Civil and Political Rights of 1966, and the International Covenant on Economic, Social and Cultural Rights of 1966). Available at www.ar.m.wikipedia.org, visit date 6/25/2017
The agreement was adopted by UN Resolution 20/44 on November 20, 1989. The agreement is available at the link www.Unicef.org, visit date is 06/25/2017.
The Convention on the Elimination of All Forms of Discrimination against Women or CEDAW, an international treaty adopted by the United Nations on December 18, 1979, available at the link www.ar.m.wikipedia.org. The date of the visit is 06/25/2017.
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