Judiciary of Syria

The judicial system of Syria remained a synthesis of Ottoman, French, and Islamic laws until the 1980s. The civil, commercial and criminal codes were primarily based on the French legal practices. Promulgated in 1949, those laws had special provisions sanctioned to limit application of customary law among beduin and religious minorities. The Islamic religious courts 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. Nonetheless, 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 appointment, transfer and dismissal of judges is handled by the High Judicial Council. The council is composed of senior civil judges and chaired by the president. The independence of the judiciary is guaranteed by president in his role as chairman of the High Judicial Council, according to Article 131 of the constitution. Article 133 stipulates that judges be autonomous and subject to no authority other than the law.

The Syrian judicial system is composed of the civil and criminal courts, military courts, security courts, and religious courts, which adjudicate matters of personal status such as divorce and inheritance.

The Court of Cassation, sitting in Damascus, is the highest court of appeals. It has the authority to resolve judicial issues. Below the Court of Cassation are courts of appeal, and at the lowest level are 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.

The High Constitutional Court was established under the 1973 Constitution to adjudicate electoral disputes, 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; it does not hear appeals. 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.

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Wikipedia