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Legal System in Syria
The judicial system of Syria remained a synthesis of Ottoman, French, and Islamic laws up until the 1980s. The civil, commercial, and criminal codes were primarily based on French legal practices. Promulgated in 1949, those laws had special provisions sanctioned to limit the application of customary law among Beduin and religious minorities. The Islamic religious courts 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. Nonetheless, 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 Syrian judicial system is composed of the High Judicial Counsel and many other courts in the court systems such as civil and criminal courts, military courts, security courts, and religious courts, which adjudicate matters of personal status such as divorce and inheritance.
The high Judicial Council is composed of senior civil judges and chaired by the president. The appointment, transfer, and dismissal of judges is handled by the High Judicial Council. The independence of the judiciary is guaranteed by the president in his role as chairman of the High Judicial Council, according to Article 131 of the Constitution. Article 133 stipulates that judges be autonomous and subject to no authority other than the law.
Law practice in Syria… Tradition, work, and ethics
Law practice in Syria has a long history and is deeply rooted in tradition and ethics. During the Ottoman era, there was no specific law regulating the legal profession in Syria. Instead, there were attorneys or “avocats” who were knowledgeable about the law and provided legal services to the people. The organization of the legal profession in the Ottoman Empire began in Istanbul, the capital, and its influence extended to other provinces under Ottoman rule, including Aleppo. However, the attempts by some Aleppo lawyers who studied at law institutes to organize themselves into a syndicate similar to Istanbul’s were unsuccessful due to the lack of seriousness on the part of the Ottoman Empire in regulating the profession outside its central capital, Istanbul.
The legal profession remained unregulated until the end of Ottoman rule in Syria. In 1919, during the Faisal era, King Faisal inaugurated the “Arab Law Institute” on November 15, 1919. Many Syrian politicians, such as Ma’ruf al-Dawalibi, Khaled al-Azem, and Ali al-Tantawi, graduated from this institute, leading the political development process in Syria. During the French occupation of Syria, the Ministry of Justice decided to appoint 10 lawyers to form a temporary administrative body entrusted with establishing a bar association. The body consisted of Fares al-Khouri (president), Azza al-Ustadh, Qistaki Shahlawi, Kamal al-Hakim, Nicola al-Shaghouri, Hamed al-Jukhadar, Raouf al-Jabi, Kheir al-Din al-Qadmani, Jalal al-Din Zahdi, and Elias Namour.
The Bar Association was officially established in 1921, and in the first council of the Damascus Bar Association, Professors Fares al-Khouri was elected as the head, along with Nicola al-Shaghouri, Elias Namour, Kamal al-Halabi, and Saleh al-Shaqeeri. The Ministry of Justice also appointed Professors Hussein Hassani al-Khatib, Tawfiq al-Sweidi, and Jalal Zahdi. By August 1922, the Bar Association had 136 lawyers, including 30 degree holders, 2 holders of Ottoman Ministry of Justice qualifications, and the rest were trainee lawyers and judges. The first bar association law was issued on May 14, 1921, and it was published in the official newspaper Al-Asima. The law aimed to improve the judicial administration by establishing a government-supported bar association and setting requirements for the admission of lawyers and their rights and duties. In Aleppo, after the division of Syria into states, the military governor issued the “Law of Lawyers in the State of Aleppo” on November 16, 1922. In 1923, the Syrian University was established, which included the Faculties of Law and Medicine.
In 1930, the Bar Association Law in Damascus was amended to introduce a new category of lawyers called “defenders.” Thus, the classification became as follows: lawyers, defenders, and trainee lawyers. As Syria is considered the birthplace of law and legal practice in the Arab world, it has made great efforts to hold a general conference for Arab lawyers. This happened when the first Arab Lawyers Conference was held in Damascus in August 1944, with special attention from the President of the Syrian Republic, Shukri al-Quwatli. His interest was justified as it turned Damascus into a joyous Arab celebration.
The Damascus Bar Association became the first to publish a scholarly legal magazine in 1935. Its publication, the “Lawyers” magazine, continues to be issued regularly by the Bar Association in the Syrian Arab Republic following the unification of bar associations. In its session on Tuesday, June 4, 1935, the Damascus Bar Association Council decided to publish a legal and social magazine under the name “Damascus Bar Association Magazine.” It was planned to be a monthly magazine that would publish laws, judicial decisions, announcements, and professional news, under the supervision of the Bar Association President, with the Secretary-General of the Bar Association serving as the responsible director. On July 8, 1935, the competent authorities approved the issuance of the magazine under the name “Damascus Bar Association Magazine.” In 1964, the Joint Council of Syrian Bar Associations decided to rename the magazine as “Lawyers” and put its publication under its supervision. Today, this magazine reaches all lawyers in Syria and all those interested in legal and human rights issues in many countries around the world, including universities, bar associations, and legal institutions.