أثر الموطن في اكتساب الجنسية والتمتع بحقوق المواطنة: دراسة مقارنة

Abstract

This study deals with the rules of nationality in Yemeni's Law, the impact of domicile for getting the nationality, and how long do the original Yemeni and nationalized one enjoy the nationality of Yemen with the provided rights in the law and his obligation duties stated in the law as a comparative example between; what is stated in the Yemeni and Sudanese Law, and what are mentioned in the international charters and Islamic Law, and how to apply them in realty. The research follows the descriptive, analytical and comparative method, as the appropriate for the study. The study consists of four chapters, each chapter includes a number of subjects and each subject has number of issues. The First Chapter is explaining the basics of search in terms of the problem description, objectives, importance, reasons for research, its methodology, and to clarifying the terms and the related studies to the search topic. The Second Chapter deals with domicile; its concept, rules, types , elements, obtain and lack ways, and how to prove it in the Islamic system and the law. Third Chapter come to clarify the concept of nationality and ways to obtain it and loss in the Islamic system and the law, preceded by an introduction which clarifies the difference between nationalism, nationality, the nation and the state to suspend the severity of these concepts by the nationality term. The research is set aside for the rights of nationality, which is the core of research or the result to the individual enjoyment with nationality, and it tries to clarify the most important rights and duties including the rights and duties could be said they belong to them, and on the basis of it the state of nationality is created. the most important findings of the research is the possibility of creation Islam state indirectly, through the unify the domicile and nationality of Islamic countries, as may be stated in the Islamic regime.