Abstract:
This forward-looking study presents a comprehensive, purpose-based model for the reconstruction of Syria during its transitional phase (2025–2027), focusing on the objectives of human dignity and societal security.
It adopts Jasser Awda’s systemic methodology, draws on foundational texts from the Quran, Sunnah, and Islamic jurisprudence, and benefits from the experiences of Rwanda and South Africa. It also briefly reviews previous literature in this field.
Furthermore, it considers Syria’s religious and sectarian diversity and proposes practical mechanisms for transitional justice and reconstruction, with particular attention to the role of women.
The study concludes that achieving dignity requires expanding accountability mechanisms to include all parties and linking reconciliation to the equitable distribution of reconstruction proceeds.
Introduction:
Following the fall of the Assad regime in December 2024, Syria entered a critical transitional phase.
According to the latest available UN reports (March 2026), some 16.5 million people remain in need of humanitarian assistance, and the cost of reconstruction is estimated at approximately $216 billion (World Bank, Middle East Reconstruction Report, 2024).
The Office of the High Commissioner for Human Rights (OHCHR, document A/HRC/52/69, January 2026) also documented serious incidents of sectarian violence in As-Suwayda and rural Latakia during 2025. In this context, the study poses a central question: How can the objectives of Sharia be employed to build a Syrian state that preserves the dignity of all and achieves sustainable social security?
First, Previous Studies and the Research Gap:
The literature on Maqasid (objectives of Islamic law) has addressed its applications in post-conflict contexts, such as Wahba al-Zuhayli’s (2010) study on “The Objectives of Sharia in State-Building” in the International Islamic Journal, Muhammad Salim al-Awa’s (2015) study on “Transitional Justice in Islamic Political Jurisprudence,” and Jasser Awda’s (2018) paper on “Human Dignity as a Legislative Objective” in the Journal of Maqasid al-Shari’ah (Issue 7).
However, no study has dedicated a systematic examination to the Syrian context with its specific sectarian and political characteristics.
This study fills this gap by presenting a practical Maqasid-based model applicable to the Syrian transitional phase.
Second, Maqasid-Based Foundations:
Human Dignity as a Comprehensive Objective:
God Almighty says: {And We have certainly honored the children of Adam} (Al-Isra: 70). The Prophet (peace and blessings be upon him) said: “There is no difference between an Arab and a non-Arab except in piety.”
Al-Shatibi, in his book Al-Muwafaqat (vol. 2, pp. 8-10), held that all objectives ultimately lead back to the preservation of the five necessities. Ibn Ashur, in his book Maqasid al-Shari’ah al-Islamiyyah (pp. 56-60), emphasized that the objective of “freedom and justice” is fundamental, preceding the five objectives.
Jasser Awda (2019, lecture at the Islamic Fiqh Academy) considers human dignity to be “an objective above the five objectives,” encompassing them all.
Societal security as a condition for preserving life and intellect:
Societal security extends beyond military security to include economic, judicial, and cultural security. The Prophet (peace and blessings be upon him) said: “Whoever wakes up secure in his home, healthy in his body, and with enough food for the day, it is as if the whole world has been given to him.” (Narrated by Al-Tirmidhi).
In the jurisprudence of objectives, the preservation of life is only achieved by ensuring societal stability for all.
Third, respecting Syria’s diversity (religions and sects):
Syria is composed of several main groups: Sunnis (approximately 68%), Alawites (10-13%), Christians from various denominations (Orthodox, Catholic, Syriac) (8-10%), Druze (3-4%), and Ismailis and Kurds (approximately 8-10%).
Each group has its own specific jurisprudential or theological characteristics. In addition to Sunnis, Alawites, for example, tend towards symbolic interpretation, Christians believe in the principle of forgiveness, and Druze focus on justice and reason.
Conclusion: Dignity and security cannot be achieved without respecting the specific characteristics of each group. Therefore, it is proposed to establish a “Committee for Religious and Sectarian Dialogue” comprising representatives from all groups, and to integrate the principles of equal citizenship into the new constitution.
Fourth, Transitional Justice Mechanisms from a Purpose-Based Perspective:
This study adopts a hybrid model combining three tracks:
First – National Hybrid Courts: National courts with international judicial support to prosecute major perpetrators of crimes against humanity from all sides of the conflict, similar to the Cambodian model (Extraordinary Chambers).
This achieves the objectives of deterrence and justice.
Second – Truth and Reconciliation Commissions: Independent commissions that grant conditional amnesty to those who confess their crimes and compensate victims, similar to the Truth and Reconciliation Commission in South Africa.
This achieves the objectives of mercy and repentance, without absolving major perpetrators of their crimes.
Third – Community Justice Mechanisms (Jakaka): At the local level for minor crimes and tribal disputes, inspired by the Rwandan experience, which was visited by an official Syrian committee in October 2025 (as announced by the Syrian Arab News Agency on October 15, 2025).
Methodological Note: The mandate of the official Syrian Transitional Justice Commission was initially limited to violations committed by the regime only. The study recommends—based on the principle of comprehensive justice—expanding it to include all parties to the conflict without discrimination.
Fifth, Reconstruction Priorities According to the Objectives Matrix:
Reconstruction priorities are ranked in descending order according to the degree of need related to the objectives.
First and foremost is providing shelter for displaced persons and returnees and securing safe housing, as this fulfills the objective of preserving life, which is of paramount importance.
Secondly, rebuilding hospitals and schools is crucial, given their impact on preserving life and well-being, based on the fundamental principle that “what is indispensable for fulfilling an obligation is itself obligatory.”
Thirdly, reforming the judiciary and security apparatus and building just institutions is essential, as justice is the foundation of governance and the realization of dignity.
Fourthly, infrastructure, including roads, electricity, and water, is prioritized, as it falls under the objective of preserving resources and alleviating needs, which are considered essential.
Fifthly, projects to empower women economically, psychologically, and legally are prioritized, as preserving lineage and dignity cannot be achieved without protecting women’s rights.
Sixth, the role of women and women’s rights:
Syrian women have been subjected to compounded violations (rape, murder, and displacement). We believe that achieving the goal of preserving lineage and dignity requires three measures: First, establishing a compensation fund
A separate compensation fund for women victims of sexual violence, independent of general compensation.
Second, a minimum 30% representation for women in the Transitional Justice Commission, the Constitutional Committee, and any national body.
Third, the enactment of laws criminalizing domestic violence, early marriage, and rape as a war crime, while taking into account specific jurisprudential considerations.
Seventh, the tension between Sharia and the civil state – a purposive perspective:
How do we reconcile the objectives of Sharia with the principle of equal citizenship in a multi-religious Syria?
Now that the tyranny that fragmented the Syrian people and turned them against each other has fallen, this study proposes three pillars to answer this question.
The first pillar: Interpreting the objectives of Islamic law (Maqasid al-Sharia) as overarching goals (justice, freedom, dignity, and the preservation of necessities) rather than specific, detailed rulings. This is what Jasser Auda emphasized in his book “The Objectives of Islamic Law as a Philosophy of Legislation” (2012, pp. 112-115), where he distinguished between the objectives as supreme values and the branches as interpretations subject to change.
The second pillar: Adopting the principle of “participation in governance” for non-Muslims, based on the example of Umar ibn al-Khattab with the Christians of Banu Taghlib, where he allowed them to practice their religion while paying a double tax instead of the jizya, and on the Pact of Umar, which guaranteed the rights of Christians.
The third pillar: A constitutional text stipulating that “Islamic law is a primary source of legislation, while respecting the rights of all religious communities in their personal status matters and the practice of their religious rites.”
This is consistent with previous Arab constitutions, such as the Syrian Constitution of 1973 (Article 3), but with the addition of broader guarantees for minorities.
Conclusion and Recommendations:
The study concluded that the objectives of Sharia provide a moral and practical framework for building a new Syria, and that they can be applied without conflicting with the principles of modern citizenship.
Based on the above, we, in the Religious Office of the Syrian Future Movement, recommend the following:
- First, expanding the mandate of the Transitional Justice Commission to include violations committed by all parties.
- Second, establishing a religious and sectarian dialogue body comprising representatives of Sunnis, Alawites, Christians, Druze, Ismailis, Kurds, etc.
- Third, linking reconstruction to reconciliation through the equitable distribution of projects based on the extent of damage, not on political or sectarian affiliation.
- Fourth, integrating women with representation of no less than 30% in all institutions of the transitional phase.
- Fifth, adopting a constitution that stipulates Sharia as a primary source of legislation while protecting the personal rights of all.
- Sixth, conducting subsequent field studies to evaluate the implementation of these mechanisms on the ground.
References:
- The Holy Quran.
- Al-Shatibi, Ibrahim ibn Musa. Al-Muwafaqat fi Usul al-Shari’ah (Agreements in the Principles of Islamic Law). Edited by Abdullah Daraz. Dar al-Kutub al-‘Ilmiyyah, Beirut, 2004, Volume 2, pp. 8-15.
- Ibn Ashur, Muhammad al-Tahir. Maqasid al-Shari’ah al-Islamiyyah (Objectives of Islamic Law).
- Edited by Muhammad al-Habib ibn al-Khuja. Dar al-Salam, Cairo, 2010, pp. 56-62, 120-130.
- Awda, Jasser. Maqasid al-Shari’ah as a Philosophy of Islamic Anatomy: A Systemic Vision. International Institute of Islamic Thought, Herndon, 2012, pp. 112-125.
- Awda, Jasser. “Realizing the Objective of Human Dignity: An Islamic Approach to the Objectives of Islamic Law.” Paper presented at the 29th Session of the International Islamic Fiqh Academy, Paris, July 2019, pp. 5-12.
- Al-Zuhayli, Wahba. “The Objectives of Islamic Law in Building the State and Society.” Journal of the International Islamic University, Malaysia, Issue 18, 2010, pp. 45-68.
- Al-Awa, Muhammad Salim. “Transitional Justice in Islamic Political Jurisprudence.” Journal of Sharia and Law, Al-Azhar University, Issue 62, 2015, pp. 112-145.
- World Bank. Damage Assessment and Reconstruction in the Middle East: The Case of Syria. Washington, D.C., 2024, pp. 30-45 (Full Report No. 184567).
- Office of the High Commissioner for Human Rights (OHCHR). Report of the Independent International Commission of Inquiry on Syria. Document A/HRC/52/69, 15 January 2026, paras. 42-58.
- Syrian Arab News Agency (SANA). “The Syrian National Commission for Transitional Justice Visits Rwanda.” 15 October 2025.
