Eliyeh Delavari Parliament and approved by the Guardian Council38; c. The parts of Shia law that have not been encompassed in laws yet have been presented in fatwas [Islamic jurisprudence], as prescribed by Article 167 of the Constitution, which states that courts are required to base the verdict of cases on the basis of the codified laws, however, where the law is silent, courts may decide cases by referring to Islamic sources or fatwas; d. Judicial decisions of the plenary session of the Supreme Court; and e. Custom and usage on a relatively smaller scale39. Besides, the post-revolutionary sources include a category of persuasive sources consisting of a. Doctrinal writings, on both laws adopted before and after the Revolution40; b. French and, to a much lesser extent, other Western laws, as they constitute the origin of some areas in law which have remained in force and arising from the country’s engagement in international litigations41. It is to be noted that legislation has always had a political necessity and course (orientation) in the country. As mentioned above, one political motivation behind the drawing of the 1928 Civil Code was to pave the way to abolish the Capitulatory System. The second and third volumes of the Civil Code were, however, codified and passed later in 1935, when the political situation was rather controlled and stabilised. The law was imported through legal scholarship in the process of the law-making, rather than being constructed in an innovative manner. This is exactly why external origins (influences) such as French law and Islamic law shaped the Iranian law during its codification course42. 3. The Main Modes of Acquisition of Nationality The principle under Iranian nationality law is that, every person residing in Iran is considered as an Iranian citizen except those whose foreign nationality is established 43 . The foreign nationality of an individual is considered to be established if their documents of nationality are not objected to by the Iranian government44. This is mentioned under sub-para of Article 976 of the Civil Code. A number of Iranian legal scholars have argued that this provision implies the application of pure ius soli principle 45 . This, however, cannot be the case as such an 38 The Council of Guardians (Showrā-ye-Negahbān), which is established by Article 91 of the Constitution, consists of six Islamic jurists appointed by the Supreme Leader, and six lawyers selected by the head of judiciary (who is appointed by the Supreme Leader) and confirmed by Parliament (Majles). Each member serves a six-year term, staggered such that half the body turns over every three years. According to Article 96 of the Constitution, the main responsibility of the Council is to review all legislation passed by the parliament to ensure they are in accordance with Sharia and Constitution. 39 Parvis Owsia, ‘Sources of Law under English, French, Islamic and Iranian Law: A Comparative Review of Legal Techniques’, Arab Law quarterly, Vol 6; Issue 1, 1991, page 38. 40 Before the 1979 Revolution, doctrinal writings shaped the main body of the law next to legislation. There is not, however, an extensive legal literature from that period as the legal system was rather too young. Judicial decisions have replaced the role of doctrinal writings since the 1979 Revolution. 41 Parvis Owsia, ‘Sources of Law under English, French, Islamic and Iranian Law: A Comparative Review of Legal Techniques’, Arab Law quarterly, Vol 6; Issue 1, 1991, page 38. 42 Parvis Owsia, ‘Sources of Law under English, French, Islamic and Iranian Law: A Comparative Review of Legal Techniques’, Arab Law quarterly, Vol 6; Issue 1, 1991, page 38. 43 ‫ﻣﺣﻣد ﻧﺻﯾری‬، ‫ﺣﻘوق ﺑﯾن اﻟﻣﻠل ﺧﺻوﺻﯽ‬،١٣٨١، ۶٢‫ص‬. (Mohamad Nasiri, International Private Law, Tehran: Agah publication, 2002, page 62). 44 Civil Code of the Islamic Republic of Iran, 23 May 1928, Art. 976(1). 45 ‫ ﺳﯾد ﻧﺻر اﻟﮫ اﺑراھﯾﻣﯽ‬، ‫ﺣﻘوق ﺑﯾن اﻟﻣﻠل ﺧﺻوﺻﯽ‬،١٣٨٣، ١١٠‫ص‬. (Seyed Nasrolah Ebrahimi, International Private Law, Tehran: Semat publication, 2004, page 110). 6 RSCAS/GLOBALCIT-CR 2020/13- © 2020 Author(s)