The Revocation of Nationality in the view of Islamic Legal System and International Human Rights Law

The present article aims to investigate the revocation of nationality under the Islamic legal system and International Human Rights Law (IHRL) through a descriptive-analytic method. Nationality is a fundamental human right, a ground and basis of identity, dignity, justice, peace and security for the persons. Having no legal protection or right to participate in political processes, inadequate access to health care and education, poor employment prospects and poverty, little opportunity to own property, travel restrictions, social exclusion, vulnerability to trafficking, harassment, and violence are some devastating consequences of being deprived of nationality. Due to the said consequences and impacts, resort to deprivation of nationality by states is highly restricted through the IHRL regulations and grounds for this act must be construed restrictively. Furthermore, in Islamic Law, only in the case of breaching obligations stipulated in the Tribute Agreement by the recognized non-Muslim individuals in Contractual Nationality that revoking nationality is permissible.