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Syrian law protects women from terrorist warfare

The terrorist war, the inhumane conditions and dark thoughts it carried have put Syrian women in difficult situations, perhaps the most prominent of which is the loss or absence of a husband, the proof of children’s lineage and so forcing her to marry with invalid contracts.  The legislator has been quick to find solutions to these challenges. So that this year , the Syrian woman celebrates her World Day with new rights and gains that are specifically included in Law No. 4 for 2019 to amend some articles of the Personal Status Law.

 

The first Sharia Judge in Damascus, Mahmoud Al-Maarawi, noted that the legislator took into account the cases  that resulted from the war in the new amendments to the law. For example, a woman whose husband has been missing for more than a year, is permitted by law   to separate . This amendment went beyond the issue of polyandry, especially in the regions which are under the control of terrorist organizations.

With regard to invalid contracts, such as the marriage of a woman whose husband is absent, Al-Maarawi noted that if the lineage of children is proven, and the two spouses are separated,then a case for separation due to absence is filed. Then the second marriage is registered in order to preserve the rights of the woman and the right of the children to register.

The first Sharia judge believes that the amendments were a practical necessity and fair. They were issued within a standard period of time, especially as they largely eliminated the so-called "customary marriage" by including articles that canceled some of the required documents, such as the marriage license from the recruitment division and the payment of fees.

Judge Al-Maarawi stated that the amendments also included provisions that protect women and their rights and leave no place for manipulation and preserve her right to a dowry and her right to compensation incase of  an arbitrary divorce without a legitimate reason. The amendments also included provisions on equality between the children of the son and the children of the girl in the obligatory will and leaving choice to son or daughter between their parents at the end age of custody. 

The first Sharia judge believed that the Personal Status Law, since its laying down, was distinguished by its development and openness, with evidence that it is up to now the first Arab law that brought together all the provisions of personal status and that it was not limited to a specific sect but rather included the other sects.

It is noteworthy that Law No. 4 of 2019 included amendments to 70 articles of the Personal Status Law issued by Legislative Decree No. 59 of 1953 and its amendments.

 

Inas Abdulkareem

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