The Syrian Observatory For Human Rights

“Sharia” courts in Idlib | Public discontent grows over mistreatment and stall in running civilian affairs

Many “Sharia” courts are located in several areas in Idlib city and countryside. These courts are affiliated to “Adl Ministry” (the Ministry of Justice) of the “Salvation Government,” the executive wing of Hayyaat Tahrir Al-Sham. Meanwhile, many civilians have complained of the mistreatment of employees in these courts, as well as not providing any facilitations to civilians.

 

Beside their main role, which is manifested in settling disagreements and disputes among civilians and issuance of judgments against perpetrators of individuals involved in crimes, including thefts, murders and assaults, “Sharia” courts are also entrusted to running some civilian and administrative procedures, such as registration of marriage contracts, issuance of birth certificates, IDs and family records and registration of deeds and ownership documents. Despite the importance of these courts to run the civilians’ affairs and restoration of rights, employees working there mistreat civilians.

 

SOHR sources have confirmed that employees in all “Sharia courts” in Idlib offer degrading treatment, with Salqin court being the most prominent. In Salqin court, civilians receive really degrading treatment by all employees of the court, starting from the guards at the main gate to the top judge responsible for the court.

 

SOHR sources have also reported that there are a set of laws that civilians have to comply with when they arrive at any of these courts, where they are not allowed to park their cars near the main gate, while women are not allowed to access to the court without a “niqab” (a garment that covers the face, worn by many Muslim women as a part of a modest dress).

 

Speaking to the Syrian Observatory for Human Rights (SOHR), an activist known by his initials as M. A. living in Idlib pointed out to the most prominent behaviour and practices by employees of the “Sharia” courts, that ignited public anger and discontent in Idlib city and countryside.

 

The activist said, “the strict measures start at the main gate of the court, where guards rigorously inspect everyone entering the court and take his/her mobile phone, so that they cannot use their phones inside the court. Women, however, are not allowed to enter the court without niqab. Inside the court, other complex and strict measures are adopted, such as not allowing civilians inside the court to copy or print documents and IDs outside the court, and they are forced to copy and print documents by employees in the court for high prices. Civilians also suffer from dealing with capricious and bad-tampered employees who also stall issuance of required documents.”

 

The activist has also pointed out to the bad way which judges are dealing in with civilians, as the judges do not allow civilians to defend themselves, and they are hurry to release judgments, some of which have been unfair. In addition, judges did not allowed suspects to hire lawyers on many occasions, according to the activist. He added, “in general, employees in Sharia courts deals roughly with civilians and they neither accept discussions nor listen to the civilians’ complaints.”

 

According to local sources, most of the civilians in Idlib city and countryside attempt to avoid dealing with “Sharia” courts, unless there are urgent matters or cases, as they are unhappy with the way which the “irascible” employees are dealing, including judges and officials, working in the region’s courts. The reasons behind such behaviour, which civilians describe as “inhumane” and contravenes the fundamental concepts of “justice” which these courts claim to follow, remains unknown.

 

A 42-year-old woman known by her initials as R. S. from Kafr Takharim town in the northern countryside of Idlib shared her experience with SOHR. The has frequented to the “Sharia” court in Salqin for over 15 days to track a complaint she raised against one of her deceased husband’s brothers, after he had looted her share of the inheritance and escaped to Germany. The woman said, “the employees of the court stall the procedures too much, while the judges place obstacles, impose complex procedures, ask for a plethora of documents and send me to courts in other areas. However, no news has been reported so far regarding the lawsuit I have filed.”

 

The woman added that she was forced to put on “niqab” when she went to the court, noting that she rarely covered her face. She also commented on the treatment of the employees, describing it as “very formal and strict.” She said “the employees do not give a chance for civilians to understand the required procedures and documents, and they work so fast and carelessly. If any civilian argue with employees, then an altercation will ignite. The treatment is so bad, and civilians are dealt with as if they are employees who have to serve the court and its officials. We do not know the reason behind this mistreatment. However, the employees have justified and attributed this behaviour to the workload and the large number of civilians they deal with every day. Anyway, the way of dealing with civilians in the “Sharia” courts has to better, and their complaints and lawsuits have to be addressed and studied more carefully.”

 

It is worth noting that the “Sharia” courts in Idlib city and countryside, the most prominent of which are “Idlib Sharia Court,” “Harem Sharia Court” and “Salqin Sharia Court,” are affiliated to the “Adl Ministry,” headed by Anas Mansour Suleiman. While these courts are under the supervision of pro-HTS judges and Sharia officials, and the Sharia (a body of Islamic law) is the source of the legislation adopted by these courts.

 

It is also worth noting that before establishing the “Adl Ministry,” judiciary was affiliated directly to the factions operating in Idlib, including Hayyaat Tahrir Al-Sham (former Jabhat Al-Nusra) which headed several “Sharia” courts, when HTS-backed Sharia officials had supervised these courts and issued judgments.