Cover Image

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

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...

Full description

Saved in:
Bibliographic Details
Main Author: Mustapha, Ismail Adua
Format: Article
Language:English
Published: Penerbit Universiti Kebangsaan Malaysia 2023
Online Access:http://journalarticle.ukm.my/23344/1/3-Mustapha-2023-1-1.pdf
http://journalarticle.ukm.my/23344/
http://www.ukm.my/jcil
Tags: Add Tag
No Tags, Be the first to tag this record!
id my-ukm.journal.23344
record_format eprints
spelling my-ukm.journal.233442024-04-16T00:54:47Z http://journalarticle.ukm.my/23344/ 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 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). Penerbit Universiti Kebangsaan Malaysia 2023-12-15 Article PeerReviewed application/pdf en http://journalarticle.ukm.my/23344/1/3-Mustapha-2023-1-1.pdf 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 http://www.ukm.my/jcil
institution Universiti Kebangsaan Malaysia
building Tun Sri Lanang Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Kebangsaan Malaysia
content_source UKM Journal Article Repository
url_provider http://journalarticle.ukm.my/
language English
description 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).
format Article
author Mustapha, Ismail Adua
spellingShingle Mustapha, Ismail Adua
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
author_facet Mustapha, Ismail Adua
author_sort Mustapha, Ismail Adua
title 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
title_short 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
title_full 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
title_fullStr 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
title_full_unstemmed 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
title_sort determination of the citizenship of a child born on board an international aircraft: an analysis from the perspectives of international, nigerian, and islamic law
publisher Penerbit Universiti Kebangsaan Malaysia
publishDate 2023
url http://journalarticle.ukm.my/23344/1/3-Mustapha-2023-1-1.pdf
http://journalarticle.ukm.my/23344/
http://www.ukm.my/jcil
_version_ 1797908404213121024
score 13.211869

Similar Items