The Judiciary

Syria Table of Contents

In the 1980s, the Syrian judicial system remained a synthesis of Ottoman, French, and Islamic laws. The civil, commercial, and criminal codes in effect were, with some amendments, those promulgated in 1949 and were based primarily on French legal practices. In addition, special provisions sanctioned limited application of customary law among beduin and religious minorities. Islamic religious courts based on sharia (Muslim law) continued to function in some parts of the country, but their jurisdiction was limited to issues of personal status, such as marriage, divorce, paternity, custody of children, and inheritance. In 1955 a personal code pertaining to many aspects of personal status was developed. This law modified and modernized sharia by improving the status of women and clarifying the laws of inheritance.

The High Judicial Council is composed of senior civil judges and is charged with the appointment, transfer, and dismissal of judges. Article 131 of the Constitution states that the independence of the judiciary is to be guaranteed by the president in his role as chairman of the High Judicial Council. Article 133 stipulates that judges be autonomous and subject to no authority other than the law. Although the concept of an independent judiciary is enshrined in the Constitution, the president clearly exercises considerable power in the execution, as well as the formulation, of law.

In 1987 Syria had a three-tiered court system, in addition to the state security courts. The Court of Cassation, sitting in Damascus, was the supreme court and the highest court of appeals. It had the authority to resolve both jurisdictional and judicial issues. Below the Court of Cassation were courts of appeal, and at the lowest level were courts of first instance, designated variously as magistrate courts, summary courts, and peace courts. Also at the basic level were juvenile and other special courts and an administrative tribunal known as the Council of State. Under the 1973 Constitution, the High Constitutional Court was established to adjudicate electoral disputes, to rule on the constitutionality of a law or decree challenged by the president or People's Council, and to render opinions on the constitutionality of bills, decrees, and regulations when requested to do so by the president. The High Constitutional Court is forbidden, however, to question the validity of the popularly approved "laws submitted by the President of the Republic to popular referendums." The court consists of the president and four judges he appoints to serve a renewable term of four years.

More about the Government of Syria.

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Source: U.S. Library of Congress