Eliyeh Delavari
not have a similar definition for it and therefore more clarity is needed to determine what
felonies are considered ‘non-political’.
In addition, Article 983 of the Civil Code lays out one more requirement that an
applicant need to fulfil in order to be eligible to naturalise, and that is providing a proof of
sufficient financial means. Sub-para 2 of the Article states that applicants are required to submit
such a proof to the Ministry of Foreign Affairs with all other required documents. It is not clear
again what is considered as sufficient financial means under this sub-para. The second part of
the sub-para implies the discretionary nature of naturalisation in Iranian law. It states that, once
the Ministry of Foreign Affairs has received all the documents in good order, they will be sent
to the Council of Ministers for the final decision. The application may be rejected even if the
applicant meets all the conditions81. If the application is approved, a document of nationality
will be granted to the applicant.
3.7.1 Impacts of Acquisition of Iranian Citizenship
The wives and minor children (under 18 years of age)82 of those who have been granted Iranian
nationality in accordance to this Act, will be recognised as Iranian nationals automatically,
which is a positive element of the law. However, it is provided that, the wife within one year,
and children after reaching the age of 18, can renounce (reject) the Iranian nationality by
submitting a written request to the Ministry of Foreign Affairs83. It is important to note that the
law is silent about the impacts of naturalisation of a foreign wife on her husband or children. It
is argued that this is an indication that the law does not allow a foreign married woman to
acquire Iranian nationality. This argument is rather cogent as even Iranian women are not in an
equal position with men in passing on their nationality to their children under the nationality
law84.
It is stipulated in law that those who are granted Iranian nationality will enjoy all the
rights guaranteed for all Iranians85. There are, however, a number of positions that are not
attainable for those who have acquired Iranian nationality by naturalisation: a. Presidency and
vice-presidency; b. Membership in the Council of Guardians and chief of the Judiciary; c.
Ministry, deputy ministry and governorship; d) Membership of the Islamic Consultative
Assembly; e. Membership of provincial, district and municipal councils; f. Entry into the
service of the Ministry of Foreign Affairs and attaining any diplomatic position or delegations;
g. To be a judge; h. The highest-rank in the Army, the Revolutionary Guard and the police; and
i. Holding important intelligence and security positions86.
It is not yet clear whether this list is exhaustive or not, but in either case, such extensive
list may be contrary to the idea of integration of naturalised citizens in the society. Some of the
positions in this list are not dealing with political or sensitive issues which raises the question
as to why naturalised citizens are forbidden to attain the above-mentioned positions. Besides,
81
Civil Code of the Islamic Republic of Iran, 23 May 1928, Art. 983 (2).
Art. 985 of the Civil Code explicitly mentions that children who have reached the full age of 18 are not granted
the nationality by their father’s naturalisation application. Some scholars have argued that those children should
be granted some basic rights and protection.
83
Civil Code of the Islamic Republic of Iran, 23 May 1928, Art. 984.
84
ﺑﺎﯾﺳﺗﮫ،١٣٨٠، ٩١ ﻣﺣﻣود ﺳﻠﺟوﻗﻲھﺎي ﺣﻘوق ﺑﯾنص، اﻟﻣﻠل ﺧﺻوﺻﻲ. (Mahmoud Saljooghi, The Rules of International
Private Law 1st. ed, Tehran: Mizan publication, 2001, page 91).
85
ﺣﻘوق ﺑﯾن،١٣٨٣، ١٣١ ﺳﯾد ﻧﺻرﷲ اﺑراھﯾﻣﯽص، اﻟﻣﻠل ﺧﺻوﺻﻲ. (Seyed Nasrollah Ebrahimi, International Private
Law 1st. ed, 2004, page 122). ﺣﻘوق ﺑﯾن،١٣١۶، ٣۶ ارﺳﻼن ﺧﻠﻌﺗﺑريص، اﻟﻣﻠل ﺧﺻوﺻﻲ. (Ardalan Khalatbari,
International Private Law 1st. ed, 1937, page 36).
86
Civil Code of the Islamic Republic of Iran, 23 May 1928, Art. 982.
82
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RSCAS/GLOBALCIT-CR 2020/13- © 2020 Author(s)