Syria's constitutional declaration establishes a new Islamist course that pleases Turkey

Syria's new government has issued a constitutional declaration that enshrines Islamic jurisprudence as ‘the main source of legislation’ and sets a course for the country that consolidates its control of power while pleasing Turkey, the main sponsor of the Islamist regime in Damascus. 

The declaration is designed to serve as the foundation for the interim period being led by President Ahmed al-Sharaa, a Sunni Islamist who spearheaded a lightning offensive that toppled Bashar al-Assad from power in December with the backing of pro-Turkish formations and allied groups. 

Islamic jurisprudence will be “the main source” of legislation, according to the summary of the declaration read out during the signing ceremony. 

“We have kept Islamic jurisprudence as the primary source of legislation among sources of legislation,” said the summary, read out by a member of the committee which drafted the declaration. “This jurisprudence is a true treasure that should not be squandered,” it said. 

Sharaa, who has promised to run Syria in an inclusive way, has been grappling with the biggest test of his leadership in the wake of a wave of sectarian killing in the coastal region, blamed on fighters aligned with his government.

He appointed the committee to draft the declaration less than two weeks ago. 

The interim president said he hoped the constitutional declaration would mark the beginning of “a new history for Syria, where we replace oppression with justice… and suffering with mercy”, as he signed the document at the presidential palace. 

The new authorities had previously repealed the Assad-era constitution and dissolved parliament. 

The declaration establishes a transitional period of five years, during which a “transitional justice commission” would be formed to “determine the means for accountability, establish the facts, and provide justice to victims and survivors” of the former government’s misdeeds. 

According to a copy of the document shared by the presidency, “the glorification of the former Assad regime and its symbols” is forbidden, as is “denying, praising, justifying or downplaying its crimes”. 

Abdul Hamid al-Awak, a member of the committee that drafted the document, said under the declaration, the legislature cannot impeach the president, nor can the president dismiss any lawmakers. 

Executive power would also be restricted to the president in the transitional period, Awak said, pointing to the need for “rapid action to confront any difficulties”. 

He added that the declaration also guarantees the “freedom of opinion, expression and the press”, and affirms the independence of the judiciary.

The declaration guarantees women’s “right to education and participation in work, and guaranteed them political rights” and provides “for freedom of opinion, expression, media, publication and the press,” according to the summary. 

“We hope that this will be a good start for the Syrian people on the path of construction and development,” Sharaa said in televised remarks during the signing ceremony. 

Sharaa in February said it would take four to five years to hold a presidential election. 

Syria’s previous constitution, which became law in 2012, was suspended in January. 

The Kurdish-led administration in northeastern Syria sharply criticised the declaration, saying it “contradicts the reality of Syria and its diversity”. 

Earlier this week, the Syrian Democratic Forces (SDF) — the Kurdish-led administration’s de facto army — struck a deal with the authorities in Damascus to be integrated into state institutions. 

In exchange, the agreement provides for the transfer of state SDF-controlled civilian and military institutions in northeast Syria, as well as border crossings, an airport and oil and gas fields there. 

But the Kurdish administration on Thursday said the declaration “does not represent the aspirations of our people” and “undermines efforts to achieve true democracy”.

The text of the declaration stipulates: “Calls for division and separatism, requests for foreign intervention, or reliance on foreign powers are criminalised,” without offering specifics. 

The announcement of the Constitutional Declaration coincided with a visit to Syria by Turkey’s foreign minister, defence minister and the head of the MIT intelligence agency. 

The Turkish delegation’s visit follows the outbreak of sectarian violence in Syria this week, pitting the security forces from Syria’s new Islamist-led government – backed by Turkey – against fighters from toppled President Bashar al-Assad’s Alawite minority. 

Ankara has a stake in the stability of the Damascus regime and its ability to deal with domestic and regional pressures, including those stemming from former regime’s forces as well as interference by Israel and Iran, say analysts. 

Turkey’s main focus in Syria is on containing SDF forces, which it considers to be a spinoff from it PKK nemeses, while making sure the new Islamist rulers gain acceptability at home and abroad, add the analysts.