Current Constitutional Law and Court System in the Syrian Arab Republic

By Lara Eid Jreissati

Attorney Lara Eid Jreissati, based in Beirut, Lebanon, specializes in International Criminal and Humanitarian Law. She holds a master’s degree in Euro-Mediterranean cultures and policies from Italy’s International Telematic University. She was a consultant to the Special Tribunal for Lebanon (STL) in The Hague, NL. She is a current member of the Beirut Bar’s Prison Committee. She consults with NGO’s on asylum, refugee, and disadvantaged migrant matters. She is an active member of the Beirut Bar Association’s Human Rights Institute. She has lectured and published on a variety of international humanitarian law matters.

Published March/April 2025

(Previously updated by Khalil Mechantaf in June 2012)

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1. Introduction

The Syrian Arab Republic (Syria) is situated in the heart of the Middle East. On the west, it is bound by the Mediterranean Sea. Syria shares the rest of its borders with Lebanon and Israel in the southwest, Jordan in the south, Iraq in the east, and Turkey in the north. Syria has a population of around 25,180,364 million people,[1] with approximately 7.2 million internally displaced and 6.2 million refugees, primarily hosted in the neighboring countries.[2]

Syria has fourteen districts and is multi-ethnic and religiously diverse. The majority is Arab Sunni Muslim, with small communities of Kurds, Armenians, Assyrians, Christians, Druze, Alawite, Shii’a, and Jews. The minority Alawite had maintained control over political power since the early 1970s under the Assad regime. This has since changed dramatically.[3]

Syria, once the home of the Ottoman Empire, attained independence from the French Mandate on April 17, 1946. Major military coups succeeded in the fifties and sixties of the last century; as a result, a state of emergency was declared, and since then (1963), it has been governed by a single party, “the “Baath Party,” which holds the major powers in the Republic.

Hafez al Assad was elected President in 1971, and on 14 March 1973, he promulgated a new constitution following its adoption by referendum. Apart from some periodic amendments, including changes expressed in the new 2012 Constitution adopted under mounting pressure from demonstrators, the 1973 Constitution framed Syria’s governance structure.

Bashar al-Assad became President of Syria on July 10, 2000.

In December 2024, Syrian President Bashar al-Assad’s regime collapsed following a rapid offensive by opposition forces,[4] primarily led by the Islamist group Hay’at Tahrir al-Sham (HTS). The rebels swiftly captured key cities, leading to Assad’s flight to Russia where he was granted asylum. This marked the end of the Assad family’s fifty-four-year rule over Syria. A transitional government was established. A new “temporary constitution” was adopted on March 13, 2025.

2. The Constitution (2025)

2.1. Preamble and Principles

Syria’s interim President, Ahmed al-Sharaa, signed the “temporary constitution” in force for a five-year transitional period three months after toppling Bashar al-Assad’s government. It requires the head of state to be a Muslim and establishes Islamic law as the main source of jurisprudence. The temporary constitution centralizes executive power to the President.[5]

The government is still theoretically divided into three branches: the executive (headed by the President), legislative (a unicameral parliament), and judiciary (independent). The Constitution was passed in 2012 under Bashar Al-Assad. It allowed the President to “dissolve the People’s Assembly” at will–the 2025 Constitution does not grant him that power. Notably, since the President appoints the Parliament’s members, his control is even greater. Moreover, Article 41 of the 2025 Constitution allows the president to declare a state of emergency with the approval of the National Security Council, a body he appoints and leads.[6]

Although the interim constitution calls the judiciary “independent,” the interim president has the power to appoint members of the Supreme Constitutional Court, the country’s highest judicial authority. The new constitution no longer mentions democracy.[7]

President Ahmed al-Sharaa was elected by popular vote (but the system has been criticized for lack of true political pluralism) and is limited to two seven-year terms (a provision that took effect with the presidential election of 2014).[8] The President has the power to appoint and dismiss the Prime Minister, who is responsible for forming the Council of Ministers and implementing policies. Still, the President retains ultimate control over decision-making.

Although the Syrian legal system was a combination of French civil law, Ottoman influences, and Islamic law for personal status matters, it is impossible to know what it will look like going forward.

2.2. Court System According to the Interim Constitution

The new constitution does not detail how the courts will be set up and operate as the old constitution did.[9] It only briefly discusses the courts.

2.3. Court System Before March 13, 2025

The General Prosecution is led by the Minister of Justice and pursuant to Article 137. It oversees the judicial process in Syria. It includes the Secular Courts, Courts of First Instance, the Commercial Courts, and the Criminal Court.

Secular Courts deal with both civil and criminal matters. Courts of Conciliation (Sulh) are the lowest-level courts, focused on resolving minor disputes through conciliation.

Courts of First Instance handle a range of civil and criminal cases.

The Commercial Courts hear and decide commercial matters.

The Criminal Court deals with serious criminal cases where the punishment may exceed three years of imprisonment.

The appeals process in Syria includes two courts: the Court of Appeal and the Court of Cassation.

The Court of Appeal hears decisions from the Courts of Conciliation, Courts of First Instance, and the Criminal Court. The Court of Appeal has civil and criminal branches.

The Court of Cassation is in Damascus. It is the highest court in Syria with the authority to nullify decisions rendered by the Court of Appeal. The Court of Cassation’s rulings are final.

Other courts of specialized jurisdiction include the Military Court and Juvenile Courts.

Religious Courts handle personal status matters within the Syrian legal system because different religious communities are governed by separate sets of laws for personal status matters (such as marriage, divorce, and inheritance):

  • Syrian Muslims: Their personal status issues are handled by Sharia Courts, which apply Islamic law.
  • Druze: They fall under the jurisdiction of Madhhabi courts, which are tailored to their community’s legal and cultural practices.
  • Christians and Jews: Their matters are overseen by Ruhi courts, which address the legal needs of these communities.

The Council of State is responsible for administrative judiciary matters. Judicial appointments are governed by the law that determines how judges are appointed and the grounds for challenges against them (Article 139).

The Supreme Constitutional Court has a mandate to decide on the constitutionality of laws, review challenges arising from the election of the members of the People’s Council and the President of the Republic, and try the President of the Republic for treason (Article 146). The Supreme Constitutional Court is officially also an independent judicial body, responsible for determining the constitutionality of laws; however, the President of the Court is appointed by the President of the Republic.

3. Conclusion

It is difficult to know whether the courts in Syria will remain independent and/or whether they will even continue to operate. Human Rights Watch (HRW) has already warned that Syria’s temporary constitution risks entrenching authoritarianism and may impede the country’s transition to democracy. Strong safeguards and independent oversight are needed. Consolidating executive control at the expense of fundamental freedoms is dangerous.

With the collapse of Bashar al-Assad’s regime after years of conflict, Syria now stands at a pivotal moment. While there is hope for rebuilding the country, caution is necessary, as past transitions in the Middle East have often led to chaos rather than stability. Syria must establish a system that holds everyone accountable for their abuses and crimes. This moment presents an opportunity for Syrians to rebuild their nation on their terms. The next few months will be crucial in determining Syria’s political future.[10]

4. Further References

Judges and lawyers in Syria rely on several key legal publications and resources:

  • The Official Gazette of Syria: this publication releases new laws, decrees, and legal amendments. While direct online access to the Official Gazette is limited, summaries and analyses of its contents are available through various platforms. For instance, The Syria Report provides summaries of recent issues.
  • The Judicial Journal: this journal covers legal analyses, case law, and judiciary-related matters.
  • The Bar Association Journal: issued by the Syrian Bar Association, this journal features legal studies and updates.
  • Court Rulings and Precedents: decisions from Syrian courts, especially the Court of Cassation and the State Council, are collected and published for reference. Access to these rulings may be available through legal databases or the respective court archives.
  • Al-Majmou’a Al-Qanouniyya (The Legal Collection): this compilation includes laws, regulations, and legal interpretations.
  • “محاضرات في القانون المدني السوري” (Lectures on Syrian Civil Law) by Mustafa Ahmad Al-Zarqa.
  • The Set of Laws, 8: it contains all the laws and regulations in Syria and Lebanon.
  • Sader Publications by Youssef Ibrahim.

4.1. Web Portals

Ministry of Interior and Civil Affairs

[1] Worldometer – Syria Arab Republic – Syria Population (accessed April 2025).

[2] See UNHCR.

[3] “As Syria emerges from decades of dictatorship, people in the Assad family’s ancestral home of Latakia province are both overjoyed and anxious. Assad and his family are Alawite, an offshoot of Shia Islam, and the people of his former region fear the new Sunni-controlled government will target them.” See Leila Molana-Allen, Syria’s Once-Empowered Alawite Minority Faces Uncertain Future after Fall of Assad, PBS News Hour (January 8, 2025).

[4] Dan De Luce and Abigail Williams, Assad Regime’s Collapse is a Devastating Defeat for Iran, NBC News (December 9, 2024).

[5] Syria’s Al-Sharaa Signs Temporary Constitution, AlJazeera (March 13, 2025).

[6] Ahmad Sharawi, Syria’s New Constitution: A Shift Toward Unchecked Presidential Powers , FDD (March 19, 2025).

[7] Syria’s New Constitution Gives Sweeping Powers, Ignores Minority Rights, France24 (March 14, 2025).

[8] Bashar al-Assad Wins Re-election in Syria as Uprising Against Him Rages On, The Guardian (June 4, 2014).

[9] Constitutional Declaration of the Syrian Arab Republic (2025). See pages 12 and 13.

[10] HRW Warns Syria’s Constitution Could Entrench Authoritarianism, The New Arab (March 26, 2025).