The Determination of the citizenship of a child born on board an international aircraft: an analysis from the perspectives of international, Nigerian, and Islamic law

Mustapha, Ismail Adua (2023) The Determination of the citizenship of a child born on board an international aircraft: an analysis from the perspectives of international, Nigerian, and Islamic law. Journal of Contemporary Islamic Law, 8 (2). pp. 19-26. ISSN 0127-788X

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Abstract

Instances of childbirth occurring aboard international aircraft, while rare, pose unique legal challenges in determining the child's citizenship. Typically, pregnant women in their trimester period are not allowed to board aircraft except for medical emergencies. This article aims to conduct a comprehensive analysis of how citizenship for children born on such flights is addressed within the realms of International Law, Nigerian Law, and Islamic Law, exploring the similarities and differences in theoretical and practical applications across these legal systems. Utilizing a qualitative research methodology, this study examines both primary and secondary legal sources. The findings indicate a divergence in approaches: Under International Law, a child born on an international aircraft generally acquires the citizenship of the country where the aircraft is registered. In contrast, Nigerian and Islamic laws prioritize jus sanguinis (right of blood), where a child's citizenship is determined by the parents' nationality, superseding jus soli (right of soil) principles that confer citizenship based on the location of birth (in this case, the aircraft's nationality).

Item Type:Article
Keywords:Citizenship acquisition; Child born on board aircraft; International law; Nigerian law; Islamic law
Journal:Journal of Contemporary Islamic Law
ID Code:23344
Deposited By: Mr. Mohd Zukhairi Abdullah
Deposited On:15 Apr 2024 03:53
Last Modified:16 Apr 2024 00:54

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