Family Law

Personal Status Law

• This law is divided into six books regulating:
  1. Marriage
  2. Dissolution of the Marriage
  3. Childbirth and its Consequences
  4. Guardianship
  5. Wills
  6. Inheritance

• Repeals the Ottoman Law of Family Rights.
• Legislative Decree 59/1953 was amended by Law 34/1975 and Legislative Decree 76/2010, which deals with inheritance matters.
• The Personal Status Law is also complemented by the Civil Code and the Civil Procedure Code.

• The Personal Status Law was promulgated right after Adib Shishakli formally assumed the presidency and within months before his government collapsed amid national unrest.

Civil Code

• The Civil Code steps in to address marriages between spouses of different nationality.
• Inheritance is based on the Hanafi school of thought.

• The Civil Code is also complemented by the Personal Status Law and the Civil Procedure Code in this respect.

• During the short-lived 138-day rule of President Husni Zaim, essential pieces of legislation such as the Civil Code were produced and are still relevant to the present day.

Civil Procedure Code

• According to the Civil Procedure Code, the Syrian courts have jurisdiction even if the defendant is not domiciled or resident in Syria under certain conditions.
• Procedural matters relating to inheritance are also addressed in the Civil Procedure Code.

• Law 1/2016 replaces the previous Civil Procedure Code provided for in Legislative Decree 84/1953, which dates back to the era of Adib Shishakli.

• The Civil Procedure Code was enacted against the backdrop of internal conflict in Syria, but which nevertheless was necessary since the previous one was more than 60 years old and in need of a replacement.

Civil Status Law

• Provides for an electronic compilation of personal data pertaining to the civil status of citizens, expatriates and residents along with their national numbers.
• The digital nature of the Civil Registry database means that the national numbers of citizens and residents will result in less chances of mistaken identities due to similar names and the ability to submit recordable data at any respective center in Syria wherever convenient.
• Syrian citizens are no longer required to return to their home province to file registration papers or request services from the Civil Registry but rather can visit any such center nearest to them to carry out such procedures, which is a stark departure from previous practices. Following the conflict, it has become impractical and costly for many citizens to travel to their home provinces for such administrative processes.
• Information relating to births, deaths, marriages, divorces, etc. whether in Syria or abroad are recorded, and subject to consular attestation and religious confirmation if overseas. Marriages abroad must comply with the respective foreign law but not conflict with Syrian law.
• Marriages between Syrian nationals and foreign citizens may only be validly registered if the consent of the Ministry of Interior is granted. Once recorded, married couples are issued a family book to note all events affecting their civil status, including births and deaths.
• Individuals born to Syrian fathers should be registered accordingly at the Civil Registry in order to have their Syrian nationality confirmed, which makes it easier for them to inherit real estate property. Child registration is conditional upon registration of the underlying marriage.
• Families of Syrian expatriates will be entitled to register marriages, divorces, births and deaths in the Civil Registry, and extract the private documents of the said expatriates without attesting the certificates at the Syrian consulate overseas and without a power of attorney.
• Syrian citizens become eligible for personal identity cards at the age of 14. According to Article 54, identity cards are valid for a period of 10 years and they shall be replaced not less than 30 days and not more than six months prior to their expiry date, but their validity may be extended due to a force majeure event.

• Repealed and replaced the previous Civil Status Law provided for in Legislative Decree 26/2007.

• The Civil Status Law was issued following a conflict that required a modernization of administrative processes in the Civil Registry, especially in light of the digital age.