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Syria The Judiciary
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.
Data as of April 1987
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