Journal of college of Law for Legal and Political Sciences

Abstract

Granting of citizenship on the basis of the right of mere blood from the mother is one of the recent trends in the legislation of the Arab States. It represents the establishment of an important principle of the newly adopted legal approaches of equality between men and women. The legislations that adopted this basis has been precise to consider the nationality granted in accordance with this basis as an original nationality and to impose the rule of law in recognition of the strength of blood from the mother in equal basis to the blood of the father as well as humanitarian grounds. As for the position of the Iraqi law, it appears that the legislator has fallen in unjustified contradiction in the Iraqi Nationality Law No. 26 of 2006 when a general provision in Article 3 of the law stated that the original Iraqi nationality by the force of law be imposed on anyone born of a father or mother holding the Iraqi nationality, and then the legislator returned in Article IV of the law granting the right to acquire Iraqi nationality for everyone who is born of an Iraqi mother abroad from an unknown father after reaching the age of majority and submit a request for it. That release of the text of Article III of the Nationality Law is contrary to the allocation contained in Article IV, and this is a clear contradiction by the Iraqi legislator, as the text of the law in its current form raises many questions regarding the type of citizenship granted according to this basis; This research will discuss in detail and analyze this legal problem and ways of solving it by comparing the position of the other legislation's represented by the Turkish, Saudi, Moroccan, Tunisian and Algerian respectively throughout the study.