A process of

secularization In sociology, secularization (or secularisation) is the transformation of a society from close identification with religious values and institutions toward non-religious values and secular institutions. The ''secularization thesis'' expresses the ...

Syria Syria ( ar, سُورِيَا or سُورِيَة, translit=Sūriyā), officially the Syrian Arab Republic ( ar, الجمهورية العربية السورية, al-Jumhūrīyah al-ʻArabīyah as-Sūrīyah), is a Western Asian country loc ...

occurred under the

French mandate The Mandate for Syria and the Lebanon (french: Mandat pour la Syrie et le Liban; ar, الانتداب الفرنسي على سوريا ولبنان, al-intidāb al-fransi 'ala suriya wa-lubnān) (1923−1946) was a League of Nations mandate fou ...

in the 1920s. Syria has been governed by the Arab nationalist Baath Party since 1963. The Baath regime combined

Arab Socialism Arab socialism ( ar, الإشتِراكيّة العربية, Al-Ishtirākīya Al-‘Arabīya) is a political ideology based on the combination of pan-Arabism and socialism. Arab socialism is distinct from the much broader tradition of socialist ...

with elements of secular ideology and an

authoritarian Authoritarianism is a political system characterized by the rejection of political plurality, the use of strong central power to preserve the political ''status quo'', and reductions in the rule of law, separation of powers, and democratic votin ...

political system which also incorporated aspects of

Islamic law Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the ...

, with different court systems operating for religious minorities. Non-Muslims are forbidden from the role of head of state.

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 The 1973 Constitution of the Syrian Arab Republic was adopted on 13 March 1973 and was in use until 27 February 2012. It describes Syria's character to be Arab, democratic, and republican. Further, in line with pan-Arab ideology, it positions th ...

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.

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.

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.

Personal status Legal status is the status or position held by an entity as determined by the law. It includes or entails a set of privileges, obligations, powers or restrictions that a person or thing has as encompassed in or declared by legislation. Jack Balki ...

law is still based on

Sharia Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the H ...

and applied by Sharia Courts. Syria has a dual legal system which includes both secular and religious courts. 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. Non-Muslim communities have their own religious courts using their own religious law.

Proposed constitutional changes

After Russian-brokered

peace talks A peace process is the set of sociopolitical negotiations, agreements and actions that aim to solve a specific armed conflict. Definitions Prior to an armed conflict occurring, peace processes can include the prevention of an intra-state or in ...

between Syrian civil war parties in

Astana Astana, previously known as Akmolinsk, Tselinograd, Akmola, and most recently Nur-Sultan, is the capital city of Kazakhstan. The city lies on the banks of the Ishim (river), Ishim River in the north-central part of Kazakhstan, within the Akmo ...

in January 2017,

Russia Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...

offered a draft for a future constitution of Syria, which would inter alia turn the "

Syrian Arab Republic Syria ( ar, سُورِيَا or سُورِيَة, translit=Sūriyā), officially the Syrian Arab Republic ( ar, الجمهورية العربية السورية, al-Jumhūrīyah al-ʻArabīyah as-Sūrīyah), is a Western Asian country loc ...

" into the "Republic of Syria", introduce decentralized authorities as well as elements of

federalism Federalism is a combined or compound mode of government that combines a general government (the central or "federal" government) with regional governments (Province, provincial, State (sub-national), state, Canton (administrative division), can ...

like "association areas", strengthen the parliament at the cost of the presidency, and realize

secularism Secularism is the principle of seeking to conduct human affairs based on Secularity, secular, Naturalism (philosophy), naturalistic considerations. Secularism is most commonly defined as the Separation of church and state, separation of relig ...

by abolishing Islamic jurisprudence as a source of legislation.

Democratic Federation of Northern Syria

In the de facto autonomous

Democratic Federation of Northern 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 Afrin, Jazira, Euphrates, Raqqa, Tabqa, Ma ...

, secularism was introduced, including civil law in personal status, proclaiming absolute equality of women under the law and a ban on

forced marriage Forced marriage is a marriage in which one or more of the parties is married without their consent or against their will. A marriage can also become a forced marriage even if both parties enter with full consent if one or both are later force ...

as well as

polygamy Crimes Polygamy (from Late Greek (') "state of marriage to many spouses") is the practice of marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is married ...

, while underage marriage was outlawed as well. For the first time in Syrian history,

civil marriage A civil marriage is a marriage performed, recorded, and recognized by a government official. Such a marriage may be performed by a religion, religious body and recognized by the state, or it may be entirely secular. History Every country maintai ...

is being allowed and promoted.

References

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