Syria’s Temporary Constitution Ensures an Islamist Sunni State

Minority Populations Had No Input Into the Document That Undermines Individual Freedoms with Its Specific Ideological Vision

Thousands of Syrians celebrated their liberation from Bashar al-Assad’s government in January 2025.

Thousands of Syrians celebrated their liberation from Bashar al-Assad’s government in January 2025.

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Three months after leading an offensive that toppled Bashar al-Assad’s government, Syria’s self-declared interim president Ahmed al-Sharaa signed a temporary constitution (“Constitutional Declaration”) consisting of 53 articles. Supposedly a framework for a five-year transitional period, the document largely mirrors the policies of the previous regime, ensuring the marginalization of Kurds, Druze, Alawites, Assyrians, Christians, Yazidis, and other religious minorities.

From the outset, the constitution signals continuity rather than reform. Article 1 reaffirms Syria as the “Syrian Arab Republic,” maintaining the erasure of non-Arab national and ethnic identities.

“This constitution does not align with the principles of democracy and pluralism. Instead, it reinforces domination and pushes the country toward chaos.”

Syrian Democratic Council

Article 2 mandates that the president must be Muslim, and that Islamic jurisprudence will be “the main source” of legislation. This wording differs from the previous constitution, which referred to Islamic law as “a main source”—a subtle but significant shift. The provision parallels Iran’s requirement that its president must be Shi’i, reinforcing sectarian rule. While the article claims the state “respects all monotheistic religions and guarantees the freedom to perform all their rites,” it does so only as long as such beliefs do not “disrupt public order”—a loophole often used to suppress dissent.

This shift directly contradicts the Kurdish-led Rojava self-administration, which has consistently advocated for a secular, pluralistic, and democratic Syria since its establishment in 2012. Unsurprisingly, the Kurdish-led Syrian Democratic Council, the political wing of the Syrian Democratic Forces, has outright rejected the transitional constitution, calling it “illegitimate” and “a direct threat to Syria’s future.” According to the Council, “This constitution does not align with the principles of democracy and pluralism. Instead, it reinforces domination and pushes the country toward chaos.” To the Kurds, this constitution is even more dangerous than the Ba’ath Party’s, as it reproduces authoritarianism under an Islamist guise. They argue “one faction—the Sunni Islamist movement” drafted the interim constitution exclusively without representation from Syria’s diverse populations. The imposition of Islamic law as the primary source of legislation, the Council continues, “undermines individual freedoms and restricts citizens’ rights based on a specific ideological vision.

The Autonomous Administration of North and East Syria (AANES) also has denounced the constitution, calling it a “continuation of an individualistic mentality” that was “not collectively drafted or agreed upon by all communities.” For the AANES, this move will “push Syria back to square one.”

Al-Sharaa … and his allies may have refined their image for international audiences, but their mindset remains unchanged.

While the constitution claims to guarantee women’s rights, including access to education, work, and political participation, it denies fundamental rights to non-Arab women, discriminating based on religion, nationality, and ethnicity. Language rights are also disregarded. Article 3 designates Arabic as the sole official language of the state, following the pattern of Turkey and Iran, where Kurdish and other minority languages are denied official recognition. Such provisions contradict many of the assurances given to Syrian Democratic Forces’ General Mazloum Abdi in the agreement that he and Sharaa signed on March 10, 2025. If the new regime continues to deny the identities and rights of all non-Arab groups, it cannot expect to maintain Syria’s territorial integrity referred to in Article 26. The Kurds were not too excited with Assad’s fall in December 2024. With this temporary constitution, even their recent agreement with al-Sharaa may collapse before the ink dries.

Al-Sharaa, who will act with almost unlimited authority under the constitution, and his allies may have refined their image for international audiences, but their mindset remains unchanged. European diplomats already have expressed skepticism. During a January 2025 visit to Syria, German Foreign Minister Annalena Baerbock made the European Union’s position clear when she declared, “Europe will not fund new Islamist structures.” Will they now change their stance? Unlikely. Israel also will not likely tolerate the emergence of a Sunni Islamist regime —particularly one with ideological roots in Al-Qaeda and the Islamic State— on its doorstep.

The “inclusive Syria that Damascus’ new rulers promised in the early days of their rule will not materialize. Instead, the country risks becoming a Sunni version of Iran’s Islamic Republic or Turkey’s ethnocentric and increasingly theocratic model, albeit with a Western-friendly facade. Even if this constitution is transitional, no one should expect any significant change after five years.

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