ChChapter 2: Origins and influences of nationality law
Much of what is described in this project as the Middle
East and North Africa and now comprises a multitude
of nation-states once fell within the Ottoman Empire.
As such, the region was united under one sovereign
and one legal system. As the concept of nationality
emerged and took increasing hold across the world
as a means of regulating the membership of people
within a state, the Empire adopted its own rules on
affiliation in the Ottoman Nationality Law of 1869.47
With the entry into force of this law, anyone residing
in the territory of the Ottoman Empire was recognised
as a national, regardless of their racial or religious
affiliation.48 Subsequently, Ottoman nationality was
passed from parent to child or could be acquired
by application by those who were born on Ottoman
territory after reaching the age of majority, or by
naturalisation after five years’ residence. There were
also provisions on renunciation, loss and deprivation of
nationality – thus all the ingredients of a contemporary
nationality law. As the Ottoman Empire broke apart
and finally fell, the influence of this law across the
MENA region remained. It served not only as one
47 - This law is known as the Tabiiyet-i Osmaniye Kanunnamesi (or TOK).
48 - Prior to this law, religion played a major part in determining a person’s
status within the Ottoman state, with Muslims (of any ethnicity) enjoying a
privileged position of subject-hood and non-Muslims enjoying inferior rights. U.
Davis, Citizenship and the State. A comparative study of citizenship legislation
in Israel, Jordan, Palestine, Syria and Lebanon, Garnet Publishing Limited, 1997;
M. Campos, Ottoman Brothers. Muslims, Christians and Jews in Early-Twentieth
Century Palestine, Stanford University Press, 2011.
45
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