Eliyeh Delavari
opts for the latter, she would need to apply for renunciation in writing to the Ministry of Foreign
Affairs108.
Women who lose their Iranian citizenship in order to acquire their husband’s foreign
citizenship, are considered foreigners to Iranian society and, therefore, according to Note 2 of
Article 987, there will be restrictions in their rights to immovable properties in Iran. This Article
was amended in 1982. Before this Amendment, women were able to enjoy the rights to their
immovable properties which they owned prior to their marriage. The Amendment, however,
restricted this right in a way that it may not lead to the foreign economic domination109. Having
said that, this restriction has never been as restrictive for the women concerned as for the others
although it is in the same context. In addition, they are exempted from the obligation to leave
the country110.
4.2. Involuntary Loss of Citizenship
As mentioned earlier, according to Article 41 of the Constitution of the Islamic Republic of
Iran, the citizenship of Iran is the inalienable right of every Iranian and the government cannot
revoke the citizenship of any Iranian unless at their own request or if they become a citizen of
another country111.
4.2.1. Acquisition of Foreign Citizenship
Acquisition of a foreign nationality does not lead to automatic loss of Iranian nationality.
According to Iranian law, if an Iranian national acquires foreign citizenship without renouncing
their Iranian citizenship, their foreign nationality will not be recognised by the Iranian
government and they will be regarded as Iranian citizens112.
4.2.2. Committing Criminal Offences
Generally, under most legal systems, different rules for the loss of nationality are applied to
nationals by birth and naturalised citizens. Iranian law makers have reacted to this issue
differently before and after the 1979 Islamic Revolution. It is interesting to note that there have
never been provisions in place for the loss of nationality for a national by birth, neither before
108
١٣٨۶، ۶٩ص، ﻧﺟﺎد ﻋﻠﯽ اﻟﻣﺎﺳﯽﺣﻘوق ﺑﯾن، اﻟﻣﻠل ﺧﺻوﺻﻲ. (Nejad Ali Almasi, International Private Law, 2007, page
69).
109
Civil Code of the Islamic Republic of Iran, 23 May 1928, Art. 987(Note 2).
110
Civil Code of the Islamic Republic of Iran, 23 May 1928, Art. 987.
111
Constitution of the Islamic Republic of Iran, 24 October 1979, Art. 41.
112
Article 989: “In case any Iranian subject acquired foreign nationality after the solar year 1280 (1901-1902)
without the observance of the provisions of law, his foreign nationality will be considered null and he will be
regarded as an Iranian subject. Nevertheless, all his landed properties will be sold under the supervision of the
local Public Prosecutor and the proceeds will be paid to him after the deduction of the expenses of sale. In addition,
he will be disqualified to attain the position of Cabinet Minister or Assistant Minister or of membership of the
Legislative Assemblies, Provincial and District Councils and Municipal Councils, or any other governmental
positions”.
16
RSCAS/GLOBALCIT-CR 2020/13- © 2020 Author(s)