Syria’s interim government has established a seven-member committee to draft a constitutional declaration, marking a crucial step in the country's transition after the fall of the Assad regime on December 8, 2024. The committee, appointed by interim President Ahmed al-Sharaa, is tasked with filling the constitutional void left by the annulment of the 2012 constitution and guiding Syria toward stability after years of civil war. However, leaks of the draft have already sparked heated debate, particularly over a provision requiring the president to be Muslim, raising concerns about exclusion and the future of democratic governance.
The formation of the committee follows sweeping changes by Syria’s new leadership, including the dissolution of parliament, the dismantling of security branches long accused of human rights violations, and the suspension of all exceptional laws. The new administration has pledged to rebuild national institutions and establish a security apparatus to protect citizens, setting the stage for Syria’s reconstruction and path to democracy.
The constitutional committee includes legal scholars and experts from across Syria. Among them are two women: Riyan Kahilan, head of the public law department at Damascus University, and Bahia Mardini, a Syrian writer and journalist with a doctorate in international law from the University of Northampton. Mardini’s appointment has been controversial due to her past association with Jamil Hassan, a former Syrian Air Force Intelligence chief who is under international sanctions.
The other members include Abdul Hamid al-Awak, a legal adviser at the Stabilization Support Unit, a civil society organization in northern Syria; Yasser al-Huwaish, dean of the Faculty of Law at Damascus University; Ismail Alkhalfan, dean of the Faculty of Law at Aleppo University; Mohammed Reda Jalkhi, a senior researcher at the Syrian Center for Strategic Studies; and Ahmed Korbi, a former lecturer at the Free Aleppo University.
A legal framework or a political maneuver?
According to al-Sharaa, the committee’s formation is part of the political transition process, though no deadline has been set for its work. A government source, speaking to The Media Line on condition of anonymity, stressed that the constitutional declaration is not a substitute for a permanent constitution but a necessary framework to guide Syria’s transition.
“Upon completing its work, the committee will submit the draft declaration to the presidency to lay the groundwork for a new era based on law and institutions, ensuring Syria’s transition to stability and justice,” the source said.
The source added that the declaration’s legitimacy stems from the National Dialogue and Victory Conferences held last month, where political and civil society actors outlined Syria’s future. "It serves as a legal document to manage the transition, establish the foundations of governance, and safeguard Syria’s unity and territorial integrity,” the source said.
Public debate over leaked provisions
Leaks of the draft declaration to local media have fueled controversy, with critics questioning whether the committee’s work is merely symbolic. Syrian lawyer Ghazwan Qarnfal told The Media Line that the speed of leaks suggests the draft may have been prepared in advance.
"It’s crucial for the public to feel they have a stake in the process, or we risk perpetuating the cycle of distrust in governance," Qarnfal said.
The draft reportedly consists of 48 articles, including a requirement that the president be Muslim and that Islamic jurisprudence serve as the primary source of legislation. It also designates the president as commander-in-chief of the armed forces and mandates that the president appoint a 100-member parliament within 60 days, ensuring fair representation of Syria’s diverse communities. Additionally, the declaration allows the formation of political parties, with a law to regulate party activities expected to follow.
Critics argue that provisions linking the presidency to religion and Islamic law could marginalize minority groups and solidify authoritarian rule.
Concerns over religious and ethnic exclusion
Legal expert Mohammed al-Sattof warned that the declaration should clearly define the president’s nationality requirements to prevent foreign influence over Syria’s leadership. Meanwhile, researcher Hamza al-Rastanawi argued that limiting the presidency to a specific religion or ethnicity undermines political competence and state neutrality.
“The requirement for the president to be a man, an Arab, a Muslim, or even specifically a Sunni Muslim violates the principle of state neutrality toward the beliefs, ethnicities, and genders of Syrians,” al-Rastanawi told The Media Line. “It also undermines the principle of political and administrative competence.”
Al-Rastanawi, who resides in Canada, added:
"In a country like Syria, where about three-quarters of the population belong to the Sunni Arab community, it’s understandable that an elected president might naturally emerge from that demographic—or that the Sunni Arab community would feel represented by such a leader. However, removing this religious requirement from any constitution or declaration is necessary, as it creates an unnecessary issue, intensifies feelings of marginalization, weakens national unity, and closes off pathways to political democratization in both the medium and long term."
"Let’s remember that this constitutional clause has existed in Syrian law for half a century, yet it never altered the authoritarian nature of the regime, which Syrians—especially Sunni Arabs—paid a heavy price for," he said. "What truly protects people is a fair, democratic constitution that is respected and embraced by all Syrians."
In discussing the constitutional process, al-Rastanawi also posed key questions: "Does this constitution have democratic features, or does it entrench authoritarianism? Will the authorities genuinely commit to and implement it, or will it be a decorative text, available only for show?"
Defending the religious clause
Political activist Fawaz Tellu, however, defended the provision requiring the president to be Muslim.
"Syrians shouldn’t get stuck on this point. What’s wrong with a Muslim president leading a country where the overwhelming majority of people are Muslims?" Tellu told The Media Line.
Regarding minority representation, Tellu argued that political inclusion could be ensured through the People’s Assembly and other branches of power, such as the judiciary and legislature.
Regional and International Implications
The drafting of a constitutional declaration has drawn regional and international attention. Syria's postwar legal framework will influence foreign policy decisions, with global powers closely monitoring the process. The US State Department issued a cautious statement in December supporting Syria’s transition while emphasizing the need for transparency and broad-based representation.
Neighboring countries, including Lebanon and Jordan, which host millions of Syrian refugees, have expressed hope that a stable Syria will facilitate the gradual return of displaced populations. Meanwhile, Russia and Iran—Assad’s former allies—have yet to comment extensively, though analysts suggest they may pressure the new administration to shape the declaration in ways that safeguard their strategic interests in Syria.
A defining moment for Syria’s future
As Syria embarks on this transitional period, the constitutional committee faces mounting public scrutiny. The leaked provisions have ignited discussions on religious and political representation, governance, and democratic principles. Whether the final declaration will be widely accepted remains uncertain.
The coming months will be crucial as the draft takes shape, public discourse intensifies, and international actors weigh in. Syrians, both at home and in exile, are watching closely—hoping that this historic moment might finally mark the beginning of a just and peaceful future for their homeland.