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 t ...

in Syria 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 foun ...

in the 1920s. Syria has been governed by the Arab nationalist

Baath Party The Arab Socialist Baʿath Party ( ar, حزب البعث العربي الاشتراكي ' ) was a political party founded in Syria by Mishel ʿAflaq, Ṣalāḥ al-Dīn al-Bītār, and associates of Zaki al-ʾArsūzī. The party espoused ...

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 socialis ...

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 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 law is still based on Sharia 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 i ...

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 in the north-central part of Kazakhstan, within the Akmola Region, tho ...

in January 2017,

Russia Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-eigh ...

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 (provincial, state, cantonal, territorial, or other sub-unit governments) in a single po ...

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 secular, naturalistic considerations. Secularism is most commonly defined as the separation of religion from civil affairs and the state, and may be broadened to a si ...

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 Regions of North and East Syria, sub-regions in the areas of Afrin Region ...

, 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 forc ...

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 marri ...

, 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 religious body and recognized by the state, or it may be entirely secular. History Every country maintaining a p ...

is being allowed and promoted.

References

{{reflist Syria Syria Syria