Yasir Maiwada Inuwa

Marriage, as a social institution with inevitable legal consequences, brings about legal effects within any legal system and has historically constituted a primary source of conflict of laws in Private International Law. This article examines the issues arising from these effects comparatively, aiming to elucidate how familial interactions, specifically marriage, influence questions of nationality, among which dual citizenship is a well-known phenomenon. In Nigeria, marriage is not strictly codified; the domestic legal order officially recognizes three distinct types: customary, Islamic (Shariah), and statutory marriages, each governed by its own legal regime. Internationally, however, the Nigerian government only recognizes only the statutory marriage,  by virtue of its formal registration. As a result,  marriages contracted under customary or Shariah law are more vulnerable to legal issues on the international stage. These issues have prompted many couples in Nigeria to opt for the so-called “double-decker marriage,” a combination of two marriages: a customary or shariah marriage along with a statutory marriage, mainly to reduce international legal complications by securing a state-issued marriage certificate. In Iran, by contrast, the legal landscape is markedly distinct. The State recognizes only one form of marriage: statutory marriage. Iran maintains a stricter stance on nationality issues, ensuring that public order, legislative intervention when needed, and state prerogative are consistently upheld. Everyone in the country, regardless of religion, sect, or custom, must follow this one mode of marriage. Notably, failure to register a “permanent marriage” ( nikah da'im ) in Iran is a criminal offense punishable by law. A  noteworthy commonality between the two jurisdictions is the influence of Shari’ah law, although each follows a distinct school of Islamic jurisprudence ( madhhab ). In family law, especially marriage, the legal schools of both nations share many similarities.

In the international arena, it is uncommon to find a nation with a comprehensive nationality law and citizenship policy, as complexities arise frequently across various contexts. This article seeks to explore some of these challenges, which are not confined to individual nations but are indeed global in nature. By examining the laws and policies regarding the acquisition and loss of citizenship in six randomly selected countries, this study aims to deepen the understanding of citizenship from domestic and international perspectives, clarifying states' positions on these pertinent issues. Through its analysis, the article highlights significant nuances within a broad legal framework that influences individuals' rights and obligations, irrespective of their nationality. It aspires to contribute to the ongoing discourse surrounding citizenship laws by thoroughly investigating these topics. The article is structured into sections, detailing the system of nationality law in Nigeria, along with a discussion of the relevant provisions in the selected nations. It addresses the matter of dual citizenship before examining laws concerning the loss of citizenship in other countries. Additionally, it considers the issue of statelessness in Nigeria and the measures taken to combat it. The article concludes with robust recommendations for nations to better uphold their citizens' inherent rights.