A Fundamental Analysis of the Concept of Nationality in Contemporary Law Based on the Jurisprudential Approach of the "A Model Ummah"

Document Type : Original Article

Authors

1 Ph.D. Student in Public Law, Faculty of Islamic Studies and Law of Imam Sadiq University, Tehran, Iran

2 Assistant Professor of Imam Khomeini Educational and Research Institute, Qom, Iran

3 Faculty member of the Guardian Council Research Institute, Tehran, Iran.

10.22034/qjplk.2025.1963.1765

Abstract

"Citizenship" has emerged as one of the most significant legal and political developments in contemporary times, coinciding with the emergence of the concept of "nation." It has profoundly impacted human life in the modern era on both domestic and international levels. This has led various legal systems to approach this phenomenon from a rights-based perspective, considering it an inherent and established right of all citizens. Despite the inclusion of this issue in Articles 41 and 42 of the chapter on the rights of the nation in the Constitution of the Islamic Republic of Iran, the relationship between the institution of citizenship and Islamic jurisprudential standards has continually been met with doubt and ambiguity. The discrepancies between prevalent interpretations and religious certainties have further fueled these doubts and ambiguities. Therefore, this research addresses various aspects of the question: "Based on religious principles, what is an appropriate model for analyzing the concept of citizenship in contemporary law?" To provide a reliable answer to this question, the authors conducted library studies within the realm of Islamic knowledge and the constitutional legal system of the Islamic Republic of Iran. Through a critical examination of the prevailing theories of "pure nationalism" and "pure transnationalism," they explored the "Model Ummah" theory as an Islamic theory of citizenship in relation to the constitutional legal system of the Islamic Republic of Iran, presenting the components and distinctions of this analytical model. Finally, the requirements for realizing the Muslim Community Model theory within the legal system of the Islamic Republic are presented in two areas: "a progressive interpretation of Articles 41 and 42 of the Constitution" and "a critical reevaluation of the legal system concerning the realization of the Muslim Community Model theory."

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References

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History

  • Receive Date: 06 February 2024
  • Revise Date: 23 June 2024
  • Accept Date: 03 March 2026

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