Between religious diversity and national unity: The role of family law in Syria’s transitional justice journey

Abstract

The fall of the Assad regime will not just mark the end of an authoritarian era—it will usher in a transformative chapter in Syria’s history, one defined by the possibility of justice, reconciliation, and inclusive governance. This profound political shift offers a unique opportunity to rebuild the country on a foundation of unity across its diverse social fabric. Among the many challenges facing a post-Assad Syria, legal reforms will take centre stage, with the drafting of a new constitution as the cornerstone of this process. While much attention will focus on broad constitutional and institutional reforms, family law—a more specialised and seemingly less urgent area—deserves careful consideration in the context of Syria’s recovery and rebuilding.

Family law may not immediately appear as a priority in a post-war society, where issues like governance, security, and economic recovery dominate the agenda. However, in a country as religiously and ethnically diverse as Syria, family law plays a pivotal role in shaping communal interactions and managing confessional tensions. As Syria embarks on its transitional justice journey, family law will serve as a key test of the new government’s ability to balance religious diversity with the imperative of national cohesion.