Secularism in Syria

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A process of secularization in Syria occurred under the French mandate in the 1920s. Syria has been governed by the Arab nationalist Baath Party from 1963 up until 8 december 2024. The Baath regime combined Arab Socialism with elements of secular ideology and an authoritarian political system which also incorporated aspects of Islamic law, with different court systems operating for religious minorities. Non-Muslims are forbidden from the role of head of state.

Contents

Secularism in the Syrian constitution

Article 3 of the Syrian Constitution of 1930 required that the President be of Muslim faith. The Syrian Constitution of 1973 made Islam the state religion. The third article ruled that:

(1) The religion of the President of the Republic has to be Islam. (2) Islamic jurisprudence is a main source of legislation. [1]

However, Article 35 guarantees religious freedom for every recognized religious communities:

(1) The freedom of faith is guaranteed. The state respects all religions. (2) The state guarantees the freedom to hold any religious rites, provided they do not disturb the public order. [2]

After the Syrian revolution began, the Constitution was amended in 2012. Article 3 now read:

The religion of the President of the Republic is Islam; Islamic jurisprudence shall be a major source of legislation; The State shall respect all religions, and ensure the freedom to perform all the rituals that do not prejudice public order; The personal status of religious communities shall be protected and respected. [3]

Personal status law is still based on Sharia [4] and applied by Sharia Courts. [5] Syria has a dual legal system which includes both secular and religious courts. [6] Civil and criminal cases are heard in secular courts, while the Sharia courts handle personal, family, and religious matters in cases between Muslims or between Muslims and non-Muslims. [7] Non-Muslim communities have their own religious courts using their own religious law. [8]

Proposed constitutional changes

After Russian-brokered peace talks between Syrian civil war parties in Astana in January 2017, Russia offered a draft for a future constitution of Syria, which would inter alia turn the "Syrian Arab Republic" into the "Republic of Syria", introduce decentralized authorities as well as elements of federalism like "association areas", strengthen the parliament at the cost of the presidency, and realize secularism by abolishing Islamic jurisprudence as a source of legislation. [9] [10] [11] [12]

Democratic Federation of Northern Syria

In the de facto autonomous Democratic Federation of Northern Syria, secularism was introduced, including civil law in personal status, proclaiming absolute equality of women under the law and a ban on forced marriage as well as polygamy, [13] while underage marriage was outlawed as well. [14] For the first time in Syrian history, civil marriage is being allowed and promoted. [15]

Related Research Articles

Sharia,Sharī'ah, Shari'a, Shariah or Syariah is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Qur'an and hadith. In Islamic terminology sharīʿah refers to immutable, intangible divine law; contrary to fiqh, which refers to its interpretations by Islamic scholars. Sharia, or fiqh as traditionally known, has always been used alongside customary law from the very beginning in Islamic history; has been elaborated and developed over the centuries by legal opinions issued by qualified jurists -reflecting the tendencies of different schools- and integrated and with various economic, penal and administrative laws issued by Muslim rulers; and implemented for centuries by judges in the courts until recent times, when secularism was widely adopted in Islamic societies.

<span class="mw-page-title-main">State religion</span> Religion or creed endorsed by the state

A state religion is a religion or creed officially endorsed by a sovereign state. A state with an official religion, while not a secular state, is not necessarily a theocracy. State religions are official or government-sanctioned establishments of a religion, but the state does not need to be under the control of the clergy, nor is the state-sanctioned religion necessarily under the control of the state.

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Freedom of religion in the Philippines is guaranteed by the Constitution of the Philippines.

India since its independence in 1947 has been a secular state. The secular values were enshrined in the constitution of India. India's first prime minister Jawaharlal Nehru is credited with the formation of the secular republic in the modern history of the country. With the Forty-second Amendment of the Constitution of India enacted in 1976, the Preamble to the Constitution asserted that India is a secular nation. However, the Supreme Court of India in the 1994 case S. R. Bommai v. Union of India established the fact that India was secular since the formation of the republic. The judgement established that there is separation of state and religion. It stated "In matters of State, religion has no place. Any State government which pursues nonsecular on policies or nonsecular course of action acts contrary to the constitutional mandate and renders itself amenable to action under Article 356". Furthermore, constitutionally, state-owned educational institutions are prohibited from imparting religious instructions, and Article 27 of the constitution prohibits using tax-payers money for the promotion of any religion.

<span class="mw-page-title-main">Religion in Syria</span>

Religion in Syria refers to the range of religions practiced by the citizens of Syria. Historically, the region has been a mosaic of diverse faiths with a range of different sects within each of these religious communities.

The Constitution of Bangladesh includes secularism as one of the four fundamental principles, despite having Islam as the state religion by 2A. Islam is referred to twice in the introduction and Part I of the constitution and the document begins with the Islamic phrase Basmala which in English is translated as “In the name of Allah, the Beneficent, the Merciful” and article (2A) declares that :"Islam is the state religion of the republic". Bangladesh is mostly governed by secular laws, set up during the times when the region was ruled by the British Crown.

The constitution of the Syrian Arab Republic guarantees freedom of religion. Syria has had two constitutions: one passed in 1973, and one in 2012 through the 2012 Syrian constitutional referendum. Opposition groups rejected the referendum; claiming that the vote was rigged.

Secularism—that is, the separation of religion from civic affairs and the state—has been a controversial concept in Islamic political thought, owing in part to historical factors and in part to the ambiguity of the concept itself. In the Muslim world, the notion has acquired strong negative connotations due to its association with removal of Islamic influences from the legal and political spheres under foreign colonial domination, as well as attempts to restrict public religious expression by some secularist nation states. Thus, secularism has often been perceived as a foreign ideology imposed by invaders and perpetuated by post-colonial ruling elites, and is frequently understood to be equivalent to irreligion or anti-religion.

Wahbah Mustafa al-Zuhayli born in Dair Atiah, Syria was a Syrian professor and Islamic scholar specializing in Islamic law and legal philosophy. He was also a preacher at Badr Mosque in Dair Atiah. He was the author of scores of books on Islamic and secular law, many of which have been translated to English. He was chairman of Islamic jurisprudence in the College of Sharia at Damascus University, and a signatory to the Amman Message and A Common Word documents.

<span class="mw-page-title-main">Autonomous Administration of North and East Syria</span> De facto autonomous region in Syria

The Autonomous Administration of North and East Syria (AANES), also known as Rojava, is a de facto autonomous region in northeastern Syria. It consists of self-governing sub-regions in the areas of Jazira, Euphrates, Raqqa, Tabqa, and Deir Ez-Zor. The region gained its de facto autonomy in 2012 in the context of the ongoing Rojava conflict and the wider Syrian civil war, in which its official military force, the Syrian Democratic Forces (SDF), has taken part.

<span class="mw-page-title-main">Secularism in Bangladesh</span> Overview of the secularism in Bangladesh

Secularism in Bangladesh is known as "neutrality of religion" under Bangladeshi law. In the Constitution of Bangladesh, secularism is mentioned in the preamble as one of the fundamental principles of Bangladeshi law. Article 8 enshrines secularism as one of the fundamental principles of state policy. And yet, after the assassination of Sheikh Mujibur Rahman in 1975, Bangladesh went to military rule, and in 1979 removed the term secular from their constitution. Article 12 elaborates further on secularism and freedom of religion.

Sharia means Islamic law based on Islamic concepts based from Quran and Hadith. Since the early Islamic states of the eighth and ninth centuries, Sharia always existed alongside other normative systems.

<span class="mw-page-title-main">Human rights in the AANES</span>

The Autonomous Administration of North and East Syria is a de facto autonomous region of Syria that emerged from 2012 onwards during the Syrian civil war and in particular the Rojava conflict. The current administration emphasises gender equality and pluralistic tolerance for religious and cultural diversity.

<span class="mw-page-title-main">Federalization of Syria</span> Scenario to end the Syrian Civil War

The federalization of Syria has been controversially proposed as a possible solution to end the Syrian Civil War. In the broadest sense, it means turning the centralized Syria into a federal republic with autonomous subdivisions. Many powers and actors involved in the Syrian Civil War have entertained the idea of "federal division", not least among them Russia, United Nations representatives, the United States and Israel. Bashar al-Assad has publicly rejected the idea of federalism, asserting that the Arab majority in Syria is opposed to such proposals. Most of the neighbouring countries in the region have also dismissed the proposal, including the members of the Arab League and Turkey.

Capital punishment for offenses is allowed by law in some countries. Such offenses include adultery, apostasy, blasphemy, corruption, drug trafficking, espionage, fraud, homosexuality and sodomy not involving force, perjury causing execution of an innocent person, prostitution, sorcery and witchcraft, theft, treason and espionage. In addition to civilian treason and espionage, often considered capital crimes against the state where the death penalty is retained, military laws frequently ordain execution for serious offences, including in jurisdictions where capital punishment is illegal or obsolete under civilian law.

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The status of religious freedom in Asia varies from country to country. States can differ based on whether or not they guarantee equal treatment under law for followers of different religions, whether they establish a state religion, the extent to which religious organizations operating within the country are policed, and the extent to which religious law is used as a basis for the country's legal code.

<span class="mw-page-title-main">Syrian Constitution of 1973</span>

The 1973 Constitution of the Syrian Arab Republic was adopted on 13 March 1973 and remained in force until 27 February 2012. It describes Syria's character to be Arab, democratic, socialist and republican. Further, in line with pan-Arab ideology, it positions the country as a region of the wider Arab world and its people as an integral part of the Arab nation. The constitution entrenched the power of the Arab Socialist Ba'ath Party, and its 8th Article described the party as "the leading party in the society and the state", effectively ruling Syria as a one-party socialist state under emergency laws.

<span class="mw-page-title-main">Apostasy in Islam by country</span> Statistics of people leaving Islam by country

The situation for apostates from Islam varies markedly between Muslim-minority and Muslim-majority regions. In Muslim-minority countries, "any violence against those who abandon Islam is already illegal". But in some Muslim-majority countries, religious violence is "institutionalised", and "hundreds and thousands of closet apostates" live in fear of violence and are compelled to live lives of "extreme duplicity and mental stress."

References

  1. ↑ Syria - Constitution
  2. ↑ Syria - Constitution
  3. ↑ Syrian Arab Republic: Constitution, 2012
  4. ↑ "Syria". Carnegie Endowment for International Peace. p. 13. Retrieved 2016-11-16.
  5. ↑ "Islamic Family Law: Syria (Syrian Arab Republic)". Law.emory.edu. Retrieved 2016-11-16.
  6. ↑ "Archived copy" (PDF). Archived from the original (PDF) on 2020-11-12. Retrieved 2018-05-08.{{cite web}}: CS1 maint: archived copy as title (link)
  7. ↑ "Syria - Country report - Countries at the Crossroads - 2007". Archived from the original on 2011-11-24. Retrieved 2013-12-31.
  8. ↑ "Syria - Islam".
  9. ↑ "Syria Opposition Rejects Russian Draft of New Constitution". Bloomberg. 25 January 2017. Retrieved 26 January 2017.
  10. ↑ "Syrian draft constitution recognizes Kurdish language, no mentions of federalism". Rudaw. 26 January 2017. Retrieved 26 January 2017.
  11. ↑ "رووداو تنشر مسودة الدستور السوري التي أعدها خبراء روس". Rudaw. Retrieved 26 January 2017.
  12. ↑ "Moscow invites Kurds and Syrian opposition to explain Astana". ARA News. 26 January 2017. Archived from the original on January 26, 2017. Retrieved 26 January 2017.
  13. ↑ "Kurdish 'Angelina Jolie' devalued by media hype". BBC. 2016-09-12. Retrieved 2016-09-12.
  14. ↑ "Syrian Kurds tackle conscription, underage marriages and polygamy". ARA News. 15 November 2016. Archived from the original on 16 November 2016. Retrieved 2016-11-16.
  15. ↑ "Syria Kurds challenging traditions, promote civil marriage". ARA News. 2016-02-20. Archived from the original on 2016-02-22. Retrieved 2016-08-23.
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