Syria Legal Profile

Syria’s legal system is classed as one of civil law combined with Islamic law for matters of personal status. The Constitution of 2012 is supreme and all laws passed must be deemed constitutional. The Constitution also confirms the role of Islam in the state: being the religion of the President as well as a major source of legislation. The Constitution also enshrines certain personal freedoms, such as the freedom of belief and the right to privacy.1

The People’s Council of Syria is the legislative authority and are elected by popular vote, but is dominated by Assad’s Ba’athist supporters. Furthermore, the constitution also allows the President to dissolve the parliament, prepare laws and to assume the authority of legislation in a wide number of instances.

The independence of the judiciary is also confirmed by the Constitution, although this is de facto untrue. The Supreme Judicial Council is headed by the President and is responsible for the organisation of the court system, including the appointing of judges, whilst the Court of Cassation acts as the highest appeals court. 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.

Thus, the judicial system is in effect highly controlled by the regime, even before the civil war broke out; judges are often linked to the Ba’ath party, or members of it.

As previously mentioned, the judicial system is also heavily corrupt. A statement by one judge, ‘Whoever pays more wins the case’, shows the systemic corruption through Syria’s legal system. Bribery, abuse of power and the embezzlement of public funds are the most common forms of corruption seen.2

The Syrian Civil Code, Legislative Decree 84/1949, is the primary source of legislation concerning matters of contracts, their annulment and protections for parties who may have entered a contract by error or under false understanding.3 The Commercial Code, Law 33/2007, further governs commercial life, particularly on aspects of financial services, such as mortgages and banking, whilst the Foreign Business Law, Law 34/2008, deals with corporate matters, intermediaries and the entities that foreign businesses may establish.

Furthermore, the Companies Law, Legislative Decree 29/2011, regulates the establishment of certain entities and defines the boundaries for foreign ownership of companies: in general, no such restrictions apply to Joint Stock Companies, Limited Liability Companies or Partnerships.4 Syrian Civil Law is also valid in Rojava, that is the Kurdish controlled cantons of Syria, as long as they do not conflict with the Constitution of Rojava. In the absence of a legal provision, Islamic Law is applicable.

Syria is a signatory to the Geneva Conventions and Protocol One, the International Centre on the Settlement of Investment Disputes Convention which provides a mechanism for foreign investors to settle disputes as well as the Biological and Chemical Weapons Conventions, although compliance with the latter is questionable following the 4 April 2017 chemical attack on Khan Shaykhun.

Syria has also signed, but not ratified the UN Convention Against Corruption. Syria is a member of, amongst others, the Arab League, Organisation of Islamic Cooperation and the World Health Organisation.

1 http://www.voltairenet.org/article173033.html

2 http://www.syrianef.org/assets/estimate_position/english/Corruption-in-Syria.pdf

3 D. Stigall, ‘The Civil Codes of Libya and Syria: Hybridity, Durability, and Post-Revolution Viability in the Aftermath of the Arab Spring’, US Department of Justice; https://works.bepress.com/dan_e_stigall/6/

4 http://www.syrianlawjournal.com/index.php/main-legislation/commercial-law/#l4-1

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