FALQs: The Interim Constitutional Declaration of the New Syrian Government

FALQs: The Interim Constitutional Declaration of the New Syrian Government

The following is a guest post by George Sadek, a senior foreign law specialist at the Law Library of Congress covering Egypt and several other jurisdictions. George has written numerous posts for In Custodia Legis, including New Multinational Report on the Acquisition of Citizenship through International Adoption, FALQS: Qatar’s New Counterterrorism Law, and FALQ: Saudi Arabia Imposes Enhanced Penalties on Violators of Hajj Regulation. This post is part of our Frequently Asked Legal Questions series. 

On June 30, 2025, President Trump issued an executive order lifting sanctions imposed previously on the country of Syria. Such measure came after the change of regime in Syria that took place in December 2024. Both Ahmed Al-Sharaa, the current Syrian President and Asaad Hassan al-Shaibani, the Minister of Foreign Affairs, have welcomed President Trump’s decision to lift the sanction.

A new interim constitutional declaration forms the new Syrian government. Ahamed Al-Sharaa signed the Constitutional Declaration of the Syrian Arab Republic on March 13, 2025. In this blog post, I will explain the main points addressed in this new interim constitutional declaration.

What is the interim constitutional declaration?

It is a temporary constitution aimed at forming the structure of the Syrian government for the next five years between 2025 and 2030, until a permanent constitution is adopted.

Who drafted the interim constitutional declaration?

In March 2, 2025, President Ahamed al -Sharaa announced the establishment of a seven-member legal drafting committee of the interim constitutional declaration. The committee includes Abdul Hamid al-Awak, who has a doctorate in constitutional law, and Yasser al-Huwaish, who was appointed this year as dean of Damascus University’s law faculty. The committee also includes two female scholars. One of those two female scholars is Bahia Mardini, who has a doctorate degree in law.

What is the role of Islamic law in the new interim constitution?

The interim constitution states the Islamic religion is the official religion of the country and the main source of legislation. (Interim Constitution art. 3(1).)

How does the interim constitution protect the rights of minorities in Syria?

Under article 3(3) of the Interim Constitution, the family matters of religious minorities, meaning religions other than Islam, are protected and respected. Additionally, article 10 of the interim constitution stipulates that all Syrian citizens are equal before the law in rights and duties, without discrimination based on race, religion, gender or lineage.

Does the interim constitution address women rights?

Article 21 of the interim constitution underscores the importance of women rights. It provides that the Syrian state must uphold women’s social status, dignity, and roles in family and society. It ensures women the rights to education, work, and full social, economic, and political participation while protecting them from all forms of oppression, injustice, and violence.

What type of government does the interim constitution establish?

The current system of government is the presidential system. The president is the head of the executive branch of government. (Constitutional Declaration of the Syrian Arab Republic, art. 31.) According to article 32 of the interim constitution, the president is the Supreme Commander of the Armed Forces. He is also responsible for managing the country’s affairs. Furthermore, the president has the authority to appoint a vice president. (Id. art. 24.) Lastly, the president has the right to propose and approve laws passed by the legislative branch of the government. (Id. art. 39.)

How are members of legislative branch elected under the 2025 interim constitution?

The People’s Assembly acts as the legislative branch of the government. According to article 24 of the interim constitution, the president of the republic must establish a committee tasked with selecting members of the People’s Assembly. This committee will supervise the formation of electoral sub-committees, which are responsible for electing two-thirds of the Assembly members, while the president will appoint the remaining one-third. The term of the People’s Assembly is 30 months. This term could be renewed. (Id. art. 26(2).)

What is the role of the judicial branch under the 2025 Syrian interim constitution?

The interim constitution asserts the independence of the judicial branch of government. It creates what is called “the Supreme Judicial Council” to oversee the functions of the judiciary. (Id. art. 43) The judicial branch is a dual body, comprising the ordinary judiciary and the administrative judiciary. The Supreme Judicial Council oversees both the regular and military judiciary. The State Council is an independent judicial and advisory body. It is responsible for the administrative courts. (Id. art. 45.) Lastly, the interim constitution removes the panel of justices of the supreme constitution court under the Assad regime and calls for hiring new justices. The Supreme Constitutional Court consists of seven justices who are appointed by the president of the republic. (Id. art. 47.)

Where can I find additional resources about Arab countries?

For legal developments taking place in Arab countries, including Syria, please consult the Law Library resource, the Global Legal Monitor.

If you have a question regarding laws of Arab countries, you can also submit it using the Ask a Librarian form on our website.

 

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