The Syrian Law of Personal Status

J. N. D. Anderson

doi:10.1017/S0041977X00106330

The Syrian Law of Personal Status

Published online by Cambridge University Press: 24 December 2009

J. N. D. Anderson

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This Law was promulgated under cover of Legislative Decree No. 59 of 17th September, 1953, during the Shishakly regime, and came into force on 1st November of the same year. It thus represents the latest development in the series of reforms in Shari'a law, as applied by the courts, which have appeared, one after the other, in the different countries of the Near East during the last few decades. The first major example—if we ignore legislation primarily concerned with matters of procedure—was provided by the Ottoman Law of Family Rights of 1917 which, short-lived though it proved in Turkey, was applied at the end of the First World War, with minor modifications, in Syria and Lebanon and, with further modifications, in Jordan. Next, there were the series of Egyptian reforms of 1920, 1929, 1923, 1943, and 1946—preceded, interspersed, and followed by similar, but much more piecemeal, innovations in the Anglo-Egyptian Sudan. Then, as the immediate precursor of this Syrian Law, came the Jordanian Law of Personal Status of 1951—while a somewhat similar enactment has now been under consideration for a number of years in Iraq, but seems unlikely, for the present, to be promulgated.

Type: Articles
Information: Bulletin of the School of Oriental and African Studies , Volume 17 , Issue 1 , February 1955 , pp. 34 - 49

DOI: https://doi.org/10.1017/S0041977X00106330 [Opens in a new window]
Copyright: Copyright © School of Oriental and African Studies 1955

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^{page 34 note 1} To say nothing of reforms, different indeed in substance but similar in method and juristic basis, in the Qu‘ayti Sultanate of Shihr and Mukalla’ and the Sultanate of Lahej.

^{page 34 note 2} I have summarized this Law in an article in The Muslim World, July, 1952, under the title ‘ Recent Developments in Shari′a Law VIII’. The previous seven articles in this series, which were published in The Muslim World, October, 1950-April, 1952, concerned the Turkish and Egyptian reforms referred to repeatedly in this article.

^{page 34 note 3} I have discussed this draft code in BSOAS., xv, 1953, 43–60.

^{page 34 note 4} Art. 306: cf. p. 49 below.

^{page 34 note 5} Art. 307: cf. p. 49 below.

^{page 35 note 1} cf. my article in The World of Islam, II, Nos. 1–2, 1952, pp. 1–9, 83–94.Google Scholar

^{page 35 note 2} Art. 308: cf. p. 49 below.

^{page 35 note 3} The Mutawalis or ‘ Mutawla ’.

^{page 35 note 4} And willingly, I am told, in so far as the Nusayris (at least) are concerned.

^{page 35 note 5} In the official Gazette of 8 October, 1953.

^{page 36 note 1} Arts. 38 and 21 respectively.

^{page 36 note 2} See under ( e ) below.

^{page 36 note 3} Sura 4: 3.

^{page 36 note 4} That the phrase alia ta′ulu means ‘ that you may not have a large family ’.

^{page 36 note 5} Art. 6.

^{page 37 note 1} Art. 4 in both cases. The Egyptian law, while the same for a male, is sixteen rather than seventeen for a female—but absolute in each case (cf. Art. 99 of the Code of Procedure, 1931).

^{page 37 note 2} i.e. the minimum ages of puberty prescribed by the classical jurists (cf. Arts. 5–7 of the Ottoman Law, and Art. 4 of the Jordanian).

^{page 37 note 3} Art. 18 (2). cf. Art. 6 of the Ottoman Law and Art. 4 (b) of the Jordanian.

^{page 37 note 4} e.g. Art. 18 of the Iraqi draft code.

^{page 38 note 1} Art. 99 of the Code of Procedure, 1931.

^{page 38 note 2} Arts. 47-52: cf. Arts. 52–8 and 75–6 of the Ottoman Law, Arts. 28–9 and 37–8 of the Jordanian.

^{page 38 note 3} Art. 51 (3).

^{page 38 note 4} Art. 69: cf. Arts. 72 and 34 of the Ottoman and Jordanian Laws.

^{page 38 note 5} Art. 76. This follows both Art. 16 of the Egyptian Law No. 25 of 1929, and Art. 56 of the Jordanian Law.

^{page 38 note 6} Art. 78 (1). This corresponds to Art. 1 of the Egyptian Law No. 25 of 1920. Contrast Art. 56 of the Jordanian Law.

^{page 38 note 7} Art. 78 (4). The Egyptian Law allows arrears to be claimed for a maximum period of three years (cf. Art. 99 of the Code of Procedure, 1931).

^{page 38 note 8} cf. Art. 100 of the Ottoman Law and Art. 56 of the Jordanian; but contrast Art. 1 of the Egyptian Law of 1920.

^{page 39 note 1} Art. 89 (1): cf. Arts. 104-5 of the Ottoman Law, Art. 68 of the Jordanian, and Art. 1 of the Egyptian Law of 1929. Considerable juristic support can be adduced for both these reforms.

^{page 39 note 2} Art. 89 (i) and (ii): cf. Art. 68 of the Jordanian Law. This reform can claim Hanafi support.

^{page 39 note 3} Art. 90: cf. Art. 2 of the Egyptian Law of 1929, and Art. 70 of the Jordanian legislation. This represents a daring reform which is contrary to the accepted views of all four SunnI schools, but can find some Ithna 'Ashari and certain other authority.

^{page 39 note 4} Art. 92: cf. Art. 3 of the Egyptian Law of 1929, Art. 72 of the Jordanian legislation. This is another daring reform supported by somewhat scanty juristic authority.

^{page 40 note 1} Art. 93: cf. Art. 4 of the Egyptian Law of 1929. This is supported, in general terms, by Shafi'I opinion.

^{page 40 note 2} Art. 94: cf. Art. 5 of the Egyptian Law of 1929, Art. 74 of the Jordanian Law. This again is attributed to Shafi'I authority.

^{page 40 note 3} Art. 85 (1) and (2).

^{page 40 note 4} Art. 96.

^{page 40 note 5} Art. 98.

^{page 40 note 6} Art. 99.

^{page 40 note 7} Art. 103 (in part).

^{page 40 note 8} Contrast Arts. 119–124 of the Ottoman Law, Arts. 83–88 of the Jordanian, and Arts. 9–11 of the Egyptian Law of 1920.

^{page 41 note 1} Art. 122.

^{page 41 note 2} cf. Arts. 12 and 13 of the Egyptian Law of 1929, and Arts. 89, 90, and 93 of the Jordanian legislation. This has MalikI support.

^{page 41 note 3} Arts. 110 and 111. cf. Arts. 4–6 of the Egyptian Law of 1920, and Arts. 98–100 of the Jordanian code. This reform, again, can claim general support from MalikI jurists.

^{page 41 note 4} Arts. 112–5. cf. Arts. 6–11 of the Egyptian Law of 1929, Arts. 96 and 97 of the Jordanian Law, and Art. 130 of the Ottoman. This reform, once more, can claim general support in the MalikI texts.

^{page 41 note 5} cf. Art. 127 of the Ottoman Law, Arts. 21 and 22 of the Egyptian Law of 1929, and Art. 92 of the Jordanian legislation.

^{page 42 note 1} The Explanatory Memorandum cites Ibn Nujaym, in al-Ashbah, and Ibn 'Abidin, in al- Hashiya, in support of this proposition.

^{page 42 note 2} Arts. 121–7: cf. Arts. 139–47 of the Ottoman Law, Arts. 101-9 of the Jordanian.

^{page 42 note 3} Art. 121 (2).

^{page 42 note 4} Arts. 15 and 17.

^{page 42 note 5} Arts. 140 and 102 respectively: but the wording of the latter is slightly equivocal.

^{page 42 note 6} Arts. 128: cf. Arts. 130, 131, and 132 (2). For the Egyptian reforms, see the Law of 1929, Arts. 15 and 17.

^{page 43 note 1} Although his year was lunar, not solar.

^{page 43 note 2} Art. 129 (1)unless, that is, the husband specifically acknowledges the child as his (Art. 129 (2)). cf. the Egyptian Law of 1929, Art. 15.

^{page 43 note 3} cf. Arts. 114 (4) and 119 of the Jordanian Law.

^{page 44 note 1} Art. 162. In Egypt the age is twenty-one.

^{page 44 note 2} cf. Art. 4 of the Egyptian Law.

^{page 44 note 3} Art. 209: cf. Art. 3 of the Egyptian Law.

^{page 44 note 4} Art. 215: cf. Art. 9 of the Egyptian Law.

^{page 45 note 1} Arts. 219 and 238: cf. Arts. 13 and 37 of the Egyptian Law.

^{page 45 note 2} Art. 223 (a) and (b).

^{page 45 note 3} Art. 227 (1): cf. Arts. 22 and 24 of the Egyptian Law.

^{page 45 note 4} Art. 227 (2). Contrast Ait. 21 of the Egyptian Law.

^{page 45 note 5} Art, 231: cf. Art. 26 of the Egyptian Law.

^{page 45 note 6} Art, 232 (1): cf. Art. 29 of the Egyptian Law.

^{page 46 note 1} Arts. 233–5: cf. Arts. 30–2 of the Egyptian Law.

^{page 46 note 2} Art. 236: cf. Art. 35 of the Egyptian Law.

^{page 46 note 3} Arts. 246–52: of. Arts. 50–9 of the Egyptian Law.

^{page 46 note 4} Arts. 354–6: cf. Arts. 71–5 of the Egyptian Law.

^{page 47 note 1} Compare, throughout, Art. 257 of the Syrian Law with Arts. 76–9 of the Egyptian legislation.

^{page 47 note 2} Arts. 39 and 40.

^{page 47 note 3} Art. 264: cf. Arts. 5 and 6 of the Egyptian Law.

^{page 47 note 4} For both points, see p. 44 above.

^{page 48 note 1} Art. 267 (2): cf. Art. 10 of the Egyptian Law.

^{page 48 note 2} See Art. 279 of the Syrian Law, and Art. 22 of the Egyptian.

^{page 48 note 3} Art. 288: cf. Art. 30 of the Egyptian Law

^{page 48 note 4} Arts. 290–7: cf. Arts. 31–8 of the Egyptian Law.

^{page 48 note 5} Arts. 299–301: cf. Arts. 42–4 of the Egyptian Law.

^{page 49 note 1} The substance of these Articles has already been briefly summarized at the beginning of this article.

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The Syrian Law of Personal Status

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