Acquiring mother nationality is one of human rights in general and the right of mother and child which international agreements and Iraq constitution 2005 state and also Iraqi nationality Act on 2006 state the mother right to give her nationality to her children according to conditions because of the development of transfer means and travel to many countries and increasing number of marriage from foreigners as it is considered one of fqih subjects that evoke the debates of law scholars between supporters and opponents especially scholars of Islamic fqih as the son is to his father and the laws of countries were different in this matter and in the legal influences resulted from acquiring the mother 's nationality such as dual nationality and inheritance . The research problem is that the Iraqi legislature stated clearly the right of the child to acquire the mother nationality in case of unknown father and does not state the original right of the mother in transfer the nationality in case if the father is known abroad and the child is born abroad the Palestinian child from Iraqi mother is exempted from the right of having Iraqi nationality.

mother's nationality, acquisition, Iraqi law, international conventions

[1] First: the Holy Qur'an. Second: The Sunnah of the Prophet.

[2] Dr. Iyad Mutashar sihud, Encyclopedia of Comparative Nationality Provisions, “An original and analytical study in the light of the effective Iraqi Nationality Law No. (26) of 2006 compared to the latest amendments to all Arab nationality laws and most of the laws of Asian and European countries, the American law of 2001 and the latest amendments to the French law - the legal system of national nationality, Vol. 1. Sanhouri Library, Beirut, 2019.

[3] Dr. Hassan Al-Yasiri, In-depth Research on Nationality - Series of Research Collection on Nationality Law, 1st Edition, Al-Halabi Human Rights Publications, Beirut, 2018.
[4] Dr. Abbas Al-Aboudi, Explanation of the Provisions of the Iraqi Nationality Law No. (26) of 2006, Vol.1, Dar Al-Sanhoury, Beirut, 2015.
[5] Dr. Ghaleb Ali Al-Daoudi Dr. Hassan Muhammad Hedawi, Nationality, Foreigners Center and Rulings in Iraqi Law, Vol.1, Al-Atek Book Manufacturing Company - Beirut, Legal Library - Baghdad, 2017-2018.
[6] Dr. Nibras Dhaher Jabr Al-Ziyadi, Private International Law (Provisions of Nationality - Residence - Foreigners Center), Dar Al-Sanhoury, Beirut, 2018.
[7] Dr. Hussein Al-Yasiri, The Role of the mother in Transferring Nationality to Children in Arab and Iraqi Legislations “A Comparative Study”, published research, Ahl al-Bayt Journal, p. (12), pp. (48-82), College of Law - Ahl al-Bayt University, Iraq, February 2012.
[8] Dr. Raad Miqdad Mahmoud, Nationality of Iraqi Mother’s Children, published research, Tikrit University Journal of Legal and Political Sciences, Vol. 1, Q. 1, Iraq, 2009.

[9] Dr. Raad Miqdad Al-Dawla and researcher Adalah Abdul-Ghani Mahmoud, Childhood considerations in establishing and acquiring Iraqi nationality, Tikrit University Journal of Law, Q(2), Vol.(2), P(3), C(2), March 2018.
[10] Dr. Fouad Deeb, Women, Nationality and Equality, Damascus University Journal of Economic and Legal Sciences, Vol. 1 - Vol. 24, Syria, 2008.

[11] Rasha Bashar Ismail Al-Sabbagh, The Jordanian Law’s Position on the Nationality of the Children of a Jordanian Mother Married to a Foreigner “A Comparative Study with Arab Laws”, Master’s Thesis, Middle East University for Graduate Studies, Amman - Jordan, 2009.

[12] The Charter of the United Nations 1945.

[13] The Universal Declaration of Human Rights 1948.

[14] Convention on the Reduction of Statelessness, adopted on August 30, 1961.
[15] Convention on the Elimination of All Forms of Discrimination against Women or CEDAW 1979.
[16] The repealed Iraqi Nationality Act No. (42) 1924.
[17] The repealed Iraqi Nationality Act No. (43) of 1963.

[18] The Iraqi constitution in force for the year 2005.

[19] The effective Iraqi Nationality Act No. (26) of 2006.

[20] UNHCR, Information Paper on Gender Equality and Nationality and Statelessness Laws, 2014 UNHCR, Information Paper on Gender Equality and Nationality and Statelessness Laws, 2014, 2014,
[21] Gender Equality- A Challenge of Our Time- Gender Equality- Global Issues, United Nations

[22] Rights of Women in Nationality, National Council for Women, Egypt, 2020,

[23] Women’s Network Under Muslim Laws, 2009.

[24] Guitar Muhammad Rashid - Muhammad Jalal Hassan, Nationality of the Children of an Iraqi Mother - Book or Source: Problems of the Iraqi Nationality Law 26 of 2006 in the field of awarding and withdrawing nationality, pp. 4-13, 7/8/2017
[25] Arabic dictionaries, meanings for each graphic meaning, definition and meaning of nationality in the comprehensive dictionary of meanings - Arabic-Arabic Dictionary, p. 1.
[26] Hadith Encyclopedia