The Laws concerning personal status

 for Catholics in Syria.

On the 3^rd November 2006 the Roman Catholic Church organized a conference entitled "A new perspective on Catholic Personal Status laws”, held at the Church of  St. John The Damascene in Damascus.

Led by Priest Antoun Muslih, Ruknia Shehada and Suliman Qubti, two lawyers specializing in civil law, this conference was attended by a number of Parliament Representatives and Clerics, as well as having a high public turn out from those interested in the new laws and the way that that it will effect the Catholic community in Syria.

To introduce the conference Ruknia Shehada presented a historical review of the Religious Courts and the laws that have been in use since 318 A.D when the Holy Roman Emperor Constantine The Great bestowed upon clerics the rights of judges, thus permitting them to conduct court procedures.

The verdict of clerics, according to this decree, were infallible, allowing no room for right of appeal. This continued until the Islamic era, although even with the advent of Islam no great notable changes were made. Christian and Jewish denominations were not ruled under one Sharia law but were each guided under their own religious laws. With only a few exceptions under the Ottoman Empire, the two religions existed peacefully alongside one another. This remained until the French colonization of Syria. Under the French Mandate, laws of personal status fell under French jurisdiction, although all other issues were resolved under civil law.

There were then no significant changes in issues relating to personal law until 1953.

Reasons for issuing New Laws, 2006

Ruknia Shehada explained that the reasons for issuing new laws in 2006 are intricately connected to paragraph 308 of the laws of Personal status issued in 1953. This decree stated that:

 “Christians and Jews are obligated to follow their own religious laws and legal regulations concerning: engagement, marriage, alimony, family expenditure, separation, annulment, dowry, and child custody.

However this decree did not clarify the correct legal procedures for many key issues such as: the appointment of a legal guardian upon divorce or death of one or both parents, inheritance, and the removal of a child from one or both parents in the interest of the child, for instance if the parent in question suffers from mental illness.

According to paragraph 535 of the 1953 decree all of these issues were reserved for Sharia Courts, affecting all Syrians regardless of their religious denomination. Paragraph 308 deemed most of the Personal Status laws of Christian groups in Syria, especially Catholics, largely ineffective.

Another reason to review and modernize the laws according to Shehade relates to the issue of custody, which has in the past received little of the attention that it deserves.

Shehada regards the new laws as a return to the principles of the Holy Koran, Sunna, islamic fiqh, igtihad, and the era of the Prophet and Caliphs. All of these, collectively and individually, allow and encourage for laws to exist independently for each denomination thus validating both Christian and Jewish jurisdiction in certain areas of law.

What is new in the Law?

Sulejman Qubti maintained that the new laws predominately stem from a variety of sources, including a collection of Eastern Church laws from 1990, traditional laws in Syria and international treaties of Human Rights.

The new legislation gives specific details on many issues in an attempt to clarify the legal standing of all parties involved in cases. This is done in effort to prevent misinterpretation or confusion and to maximize the effectiveness of the laws. For example it divides children into four groups according to their age, recognizing that all of the different ages will have different needs and expectations. The laws also clarify the definitions of many key terms such as engagement and marriage.

Qubti then went on to describe the implementation of these laws, as outlined below:

Financial Status- Under the new law, all property is individually owned, and does not automatically pass to the man upon marriage, unless otherwise is agreed by both parties.

 Dowry- All possessions of a woman remain solely hers upon marriage, unless otherwise agreed. In the instance of divorce or separation items individually owned prior to the union remain in that persons' possession, items that were of joint ownership will be acquired by the man unless special circumstances are proved.  

Custody- The new laws talk of the children as the fruit of legal marriage. Conditions of proving parenthood in the instance of separation, divorce or other situations are outlined in detail.

Right of Guardianship Equal rights to the child are automatically given to both parents until the child reaches adolescence. This law has been modified to protect the interests of the child, and guardianship is given to suitable person (s), even if they are not the genetic parent. However the law does imply that guardianship is first offered to the father, unless he is deceased or has had his parental rights taken away from him, when guardianship will fall to the mother. 

Adoption- Legislation on issues of adoption have, in the past, been unspecific and inaccurate. The new laws focus more upon the rights of the child in the adoption process. A description of the rights and responsibilities of the adopter is also outlined., as well as methods of halting the adoption process, and reasons that enable a person to begin the proceedings.

Finance- Whereas in the past financial situations have only been legalized between parent and child, under the new legislation the Religious Courts have assumed the right to co join the financial status of grandparent and grandchild.

A previous law stating that a women’s husband is responsible for providing capital for the family has remained unchanged but for a clause stating that in certain circumstances a woman can also be held liable. However this clause is not valid should she be legally seen to be the cause of separation of the family.

The father is obligated to provide for his child if the child has no property of his/her own. The father is financially responsible for his daughter until her marriage and for his son until he has the means to provide for himself. These financial obligations are transferred to the mother should the father face financial difficulties, and will remain with her until his financial standing alters.

Guardianship- Under the new legislation it is implied that parental rights are offered first to the father. However, if the juvenile has his own property or a substantial amount of capital, then the Court has the right to intervene and appoint a subsequent guardian. The legislation clearly outlines the rights and responsibilities of the guardian, and retains the right to intervene and annul the appointment of a guardian if it is in the interest of the child.

Inheritance- Equal rights of inheritance are given to both men and women.  A families wealth may be inherited solely by a woman should there be no male heir. In a case whereby a man or woman should die and the property is not legally inherited by his or her spouse, the remaining spouse retains the right to live in the property, unless otherwise decided by the legal owner.

Will and Testament- A new law coming into effect ensures that it is necessary for a person to leave at least half of their owned property to all children borne under wedlock, unless otherwise agreed by the children. The other half of the property can be left to person or persons of choice. 

Court Principles- The Religious Court retains the right to try all urgent personal matters within its courts. However these decisions can be overturned by the Court of Appeal, should it see fit.

Q&A

After a historic background of the Religious Courts had been outlined and the inspirations, alterations and inclusions of the new legislation had been reviewed by Mrs Shehada and Mr Qubti, Father Muslih answered all remaining questions put to him by the audience.  

It became clear that the new laws will provide an important transformation that will influence the daily life of all Catholics in Syria.

It provides the promise of a new beginning and is a clear attempt to solve the confusion and disconcertment that is occurring under the current laws. This decree is now waiting for instructions from the Ministry, after which it will be passed on to specialized institutions, who will enforce it in full. Instructions relating to the laws are also to be released shortly in order that the laws are understood and implemented correctly.

Translated by: Rima Marrouch