Syria’s New Constitution Sparks Controversy
- DAMASCUS (March 16, 2025) – The declaration of Syria's new temporary constitution, signed by interim President Ahmed al-Sharaa, has ignited criticism and rejection from numerous figures and scholars...
- Bassam Shuhyuni (former president of the HTS government in Idlib, 2017-2020), Sheikh ‘Abdurrazzaq al-Mahdi (a founder of HTS), Sheikh Yahya al-Farghali (former mufti of HTS), Sheikh az-Zubair al-Ghazi...
- Sheikh Yahya al-Farghali has specifically criticized article Two, which declares Islam as the main source of law.
Syria’s New Temporary Constitution Sparks Controversy
Table of Contents
- Syria’s New Temporary Constitution Sparks Controversy
- Key Figures Voice Concerns Over New Syrian Constitution
- Conclusion
- Syria’s New Temporary Constitution: A Q&A Guide to the Controversy
- What is the New Syrian Temporary Constitution?
- Why is the New Syrian Constitution Controversial?
- Who are the Key Figures Criticizing the New Constitution?
- what are the Specific Criticisms of Article Two?
- What are the Concerns About Article 51?
- What is the Debate Surrounding the Scope of islamic Law in the Constitution?
- What is the official Position on the sources of Legislation?
- What has been the International Response?
- Summary of Key Concerns
DAMASCUS (March 16, 2025) – The declaration of Syria’s new temporary constitution, signed by interim President Ahmed al-Sharaa, has ignited criticism and rejection from numerous figures and scholars who previously supported the Syrian opposition.
Key Figures Voice Concerns Over New Syrian Constitution
Several prominent figures and scholars, including Dr. Bassam Shuhyuni (former president of the HTS government in Idlib, 2017-2020), Sheikh ‘Abdurrazzaq al-Mahdi (a founder of HTS), Sheikh Yahya al-Farghali (former mufti of HTS), Sheikh az-Zubair al-Ghazi (mufti of the military wing of HTS), Sheikh Abu Bashir ath-Tharthusi (a mufti of the FSA), Sheikh Abu Hamzah al-Kurdi, Sheikh Abu Muhammad Nashr, Sheikh Dr. Abu ‘Abdillah asy-Syami (former leader in HTS and Jabhah ansharuddin), Sheikh Abul Walid al-Hanafi (former mufti of Ahrar Syam and HTS), and Sheikh prof. iyyad qunaibi, Ph.D., have asserted that aspects of the new constitution contravene Islamic law.
Criticism of Key Articles in the Temporary Constitution
Sheikh Yahya al-Farghali has specifically criticized article Two, which declares Islam as the main source of law. According to al-Farghali, the term “main source” opens the door to polytheism in the absolute application of God’s power, as it implies the existence of other sources of law. He expressed this view on his X account (@yahyaelfaghaly) on Thursday, March 13, 2025.
“sumber utama” membuka pintu kesyirikan dalam penerapan kekuasaan Allah secara mutlak karena hal ini melazimkan adanya sumber-sumber hukum lainnya
He also raised concerns about Article 51,which stipulates that existing positive laws conflicting with Islamic law should remain in effect,despite potential adverse consequences.
Al-Farghali suggests that the establishment of Islamic law as the sole source of legislation must be unequivocal.He argues that it should not be permissible to draw from other sources. Furthermore, he insists on a clear declaration nullifying all laws enacted before the new constitution.
Iyyad Qunaibi elaborated that the phrase “Islamic law is the main source of legislation” contains elements of polytheism as it implies the existence of other legislative sources. He likened this expression to the polytheistic statement from the pre-Islamic era: ”Allah is the main god (note: there are other gods/deities).”
Controversial Interpretation of Islamic Law
Rejection and criticism intensified following an interview with Hassan al-Daghim, spokesperson for the preparatory committee of the Syrian national dialog conference, on Sky New Arab on March 14.
Daghim stated that the islamic law referred to in the new Syrian constitution includes the jurisprudence of Shia Nusairiyah and druze law. This assertion is based on the premise that Alawites and Druze are fundamentally Muslim.
Debate Over the Scope of Islamic law
Abdul Hamid Al-Awak, head of the Syrian constitution drafting committee, affirmed that Islamic law is only a main source of legislation, limited to certain aspects.
He stated that legislators retain the freedom to draw from French and British laws previously in effect.
International Response
Along with criticism and rejection from local figures,the new Syrian constitution has received a negative response from Sharif al-Hasan al-Kattani,chairman of the Rabithah ‘Ulama Maghribi ‘Arabi.
Conclusion
The Syrian temporary constitution continues to be a point of contention, with significant debate surrounding the interpretation and application of Islamic law within the legal framework. The coming months will be crucial in determining the long-term impact of these constitutional changes on the Syrian people.
Syria’s New Temporary Constitution: A Q&A Guide to the Controversy
The declaration of Syria’s new temporary constitution on March 16, 2025, has sparked important controversy and debate. This Q&A guide addresses key aspects of the new constitution and the concerns surrounding it.
What is the New Syrian Temporary Constitution?
The new Syrian temporary constitution is a legal framework signed by interim President ahmed al-Sharaa, intended to govern Syria during a transitional period. Though, its declaration has been met with criticism, particularly concerning the role and interpretation of Islamic law.
Why is the New Syrian Constitution Controversial?
The controversy stems primarily from the interpretation and application of Islamic law within the constitution. Key points of contention include:
Article Two: Declares Islam as the “main source” of law, which some critics argue opens the door to polytheism by implying the existence of other sources of law.
Article 51: Stipulates that existing laws conflicting with Islamic law should remain in effect, raising concerns about the practical implementation of Islamic law.
Interpretation of Islamic Law: Disagreements exist regarding which interpretations of Islamic law are valid, including the potential inclusion of Shia Nusairiyah and druze jurisprudence.
Who are the Key Figures Criticizing the New Constitution?
Numerous prominent figures and scholars, many of whom previously supported the syrian opposition, have voiced concerns.These include:
Dr. Bassam shuhyuni (former president of the HTS government in Idlib, 2017-2020)
Sheikh ‘Abdurrazzaq al-Mahdi (a founder of HTS)
Sheikh Yahya al-farghali (former mufti of HTS)
Sheikh az-Zubair al-Ghazi (mufti of the military wing of HTS)
Sheikh Abu Bashir ath-Tharthusi (a mufti of the FSA)
Sheikh Abu Hamzah al-Kurdi
Sheikh Abu Muhammad Nashr
Sheikh Dr. Abu ‘Abdillah asy-Syami (former leader in HTS and Jabhah ansharuddin)
Sheikh Abul Walid al-hanafi (former mufti of Ahrar Syam and HTS)
Sheikh Prof. Iyyad Qunaibi, Ph.D.
what are the Specific Criticisms of Article Two?
Sheikh Yahya al-Farghali, among others, has criticized Article Two for stating that Islam is the “main source” of law. His argument, expressed on his X account (@yahyaelfaghaly), is that using the term “main source” implies the existence of other sources, potentially leading to polytheism in the absolute application of God’s power. Iyyad Qunaibi likened the phrase to saying “Allah is the main god,” implying the existence of other deities.
What are the Concerns About Article 51?
article 51 stipulates that existing laws, even those conflicting with Islamic law, will remain in effect. This raises concerns that the implementation of Islamic law will be compromised,as existing legal structures may contradict its principles. Critics like Al-Farghali argue for a clear declaration nullifying all laws enacted before the new constitution to ensure the primacy of Islamic law.
What is the Debate Surrounding the Scope of islamic Law in the Constitution?
A key debate revolves around which interpretations of Islamic law the constitution encompasses. hassan al-Daghim, spokesperson for the preparatory committee of the Syrian national dialog conference, stated that it includes Shia Nusairiyah and Druze law, based on the premise that Alawites and Druze are fundamentally Muslim. This assertion has intensified the controversy and rejection of the constitution.
What is the official Position on the sources of Legislation?
Abdul Hamid Al-Awak, head of the Syrian constitution drafting committee, has stated that Islamic law is only a main* source of legislation, limited to certain aspects. He affirmed that legislators retain the freedom to draw from french and British laws previously in effect, further fueling the debate about the true influence of Islamic law in the new legal framework.
What has been the International Response?
In addition to local criticism,the new Syrian constitution has received a negative response from international figures like sharif al-hasan al-Kattani,chairman of the Rabithah ‘Ulama maghribi ‘arabi,indicating broader concerns about the constitutional changes.
Summary of Key Concerns
| Issue | Description | key Figures |
| ————————- | —————————————————————————————————————————————————– | ——————————————— |
| Article 2 Criticism | “Main source” implies other sources exist, leading to potential polytheism. | Sheikh Yahya al-Farghali, Iyyad Qunaibi |
| Article 51 Concerns | Existing laws conflicting with Islamic law remain in effect, hindering full implementation.| Sheikh Yahya al-Farghali |
| Scope of Islamic Law | Debate over which interpretations are valid; inclusion of Shia Nusairiyah and Druze law is controversial. | Hassan al-Daghim, Abdul Hamid Al-Awak |
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