In a pivotal development for Syria’s political landscape, interim President Ahmed al-Sharaa has signed a constitutional declaration that positions Islamic jurisprudence as the foundational basis of the nation’s legal system. This temporary constitution, effective for five years, also pledges to uphold freedoms of opinion and expression, marking a significant shift in governance following the ousting of former President Bashar al-Assad.

Islamic Jurisprudence as the Legal Bedrock

The newly adopted constitutional declaration comprises 44 articles, with a prominent emphasis on Islamic law. By designating Islamic jurisprudence as the primary source of legislation, the interim government underscores its commitment to aligning national laws with Islamic principles. This move reflects the influence of Hayat Tahrir al-Sham (HTS), the Islamist group that played a crucial role in Assad’s overthrow and now exerts significant sway over the transitional administration. ​

Commitment to Fundamental Freedoms

Despite the strong Islamic orientation, the constitution enshrines essential civil liberties, including freedom of opinion and expression. This duality aims to balance religious principles with individual rights, seeking to reassure both domestic and international observers of the government’s dedication to personal freedoms. The inclusion of these provisions is seen as an effort to foster a more inclusive society while adhering to Islamic values. ​

Pathway to a Permanent Constitution

The interim constitution serves as a transitional framework, with plans underway to draft a permanent constitution. A committee has been established to oversee this process, though concerns persist regarding the inclusivity of this body. Notably, the Kurdish-led Syrian Democratic Forces (SDF) and loyalists of the former Assad regime have been excluded from participating in the national dialogue conference responsible for shaping the new constitution. This exclusion raises questions about the representativeness of the forthcoming permanent constitution and the potential marginalization of key factions within Syrian society. ​

Integration of Kurdish Forces and Ceasefire Agreement

In a move towards national reconciliation, the interim government has secured a ceasefire agreement with the U.S.-backed Kurdish-led authorities in northeastern Syria. This accord includes the integration of the SDF into the Syrian army, aiming to consolidate military forces under central command. The agreement also stipulates that the central government will assume control over border crossings, airports, oil fields, and detention facilities holding Islamic State suspects. Furthermore, it guarantees constitutional rights for the Kurdish population, such as the right to teach their language, and facilitates the return of displaced Kurds to their homes, with many regaining previously denied citizenship. ​

International Concerns and Minority Protections

The international community has adopted a cautious stance regarding Syria’s transitional government. While some nations acknowledge the efforts towards stabilization, there is a prevailing reluctance to lift sanctions until concrete assurances are provided concerning the protection of minority rights and the establishment of an inclusive political system. Syrian Christians and other religious minorities have expressed a desire for their identities and freedoms to be safeguarded in any new constitutional arrangement. Salina Shambos, an international envoy for religious freedom, highlighted that these communities expect their rights to be respected in the evolving political framework. ​

Challenges Ahead

The transitional government’s efforts to stabilize Syria face numerous challenges, including managing sectarian tensions and addressing the concerns of various ethnic and religious groups. The recent surge in violence by Assad regime loyalists in the Alawite-majority Mediterranean region has heightened sectarian tensions and led to mass civilian displacement, complicating Syria’s political transition. The integration of former Assad loyalists and the assurance of safety for minority communities remain critical issues that the new government must navigate to achieve lasting peace.

Conclusion

Syria’s adoption of a new constitutional declaration marks a significant step in its transitional journey, embedding Islamic jurisprudence at the core of its legal system while pledging to uphold fundamental freedoms. The path to a permanent constitution presents both opportunities and challenges, particularly in ensuring inclusivity and protecting minority rights. The international community’s response will likely hinge on the transitional government’s ability to demonstrate genuine commitment to these principles, paving the way for Syria’s reintegration into the global fold.​

For more stories and insights, visit It’s On

Instagram:@itson.ie

TikTok videos and information:@itson.ie