Syria's other struggle: New justice system
2013-01-09 08:53
Aleppo - In the heart of Syria's rebel territory, away from
the blasts and bullets of the frontlines, another struggle is playing out: one
for a new justice system that could shape the future face of the country should
the regime fall.
The struggle is between ex-regime judges and Islamic
jihadists, and at stake is whether the courts apply a modified version of
existing Syrian law, or switch to strict sharia law.
Currently, both systems exist in parallel - with radically
different treatment for those accused and convicted of crimes.
Abu Ali, a 53-year-old truck driver arrested at a rebel
checkpoint for transporting hundreds of bottles of whisky and other banned
alcohol hidden in his cargo of water, is one defendant facing the sterner
interpretation of God's justice.
Yes, he tells Abu Hamia, the prosecutor questioning him in
an office in a newly designated prison in Aleppo's Masaken Hanano district.
Yes, he knew what he transporting.
"We did it because we needed money for our families. It
was the first time we'd done such a thing," Abu Ali says, his face showing
shame.
Abu Hamia informs Abu Ali he could face up to three months
behind bars for smuggling "a product that is against Islam", but
holds out the prospect of leniency if the local sheikh, who will judge the
case, so decides.
Two days later, Abu Ali and his two accomplices are each
sentenced to 25 lashes and freed.
The form of sharia underpinning the legal system of
President Bashar Assad's regime was "too easy", Abu Hamia tells
AFP afterwards, explaining that the previous tolerance for alcohol was no
longer permitted.
Strong laws
"God wants to establish sharia in all of Syria when the
regime falls," he says.
"This country needs strong laws so the people return to
the righteous path and go back to being good Muslims."
That vision is espoused by one of the most ferocious forces
in rebel ranks: the Al-Nusra Front.
Al-Nusra, made up of bearded fighters with good combat
experience, shuns media attention, but makes no secret of its desire to see
Syria one day become an Islamic caliphate.
Under the strictest interpretation of sharia, Islamic courts
can dictate death for apostates, murderers and rapists; amputations for
thieves; and whippings for those guilty of lesser crimes.
Some sheikhs have already exacted sharia sentences on
captured regime soldiers who confessed to killing, having them executed.
It is a direction that is sending chills through Western
governments hesitating to provide materiel to Syria's rebels, and to many of
the other rebel groups, who see that form of sharia as archaic and brutal.
Strict sharia 'too
severe'
"The Islamist system is obsolete. It comes from the
time of the Prophet Mohammed and it has not changed at all since then, yet it
should adapt to the times we live in," says Marwan Kaeid, attorney general
of the judicial system that the mainstream Free Syria Army has set up in
Aleppo.
He says the judges did apply a form of sharia, but not the
same way as in the Al-Nusra sponsored tribunals. Syria's existing laws are
based on Islamic principles but with processes inspired by French and Ottoman
jurisprudence.
Some attempts were made to reconcile the two judicial
systems, but it soon became apparent that middle ground did not exist, he says,
speaking in his offices in the Saif Al-Dawlah district in the city's central
southwest.
"That's why we can't work with the Al-Nusra Front. They
are too severe. Their sentences are death or cutting off a hand in stealing
cases," Kaeid says.
"Islam is much simpler than that. It shouldn't be
applied so harshly."
The judge also said of Al-Nusra, "they are part of al-Qaeda".
The unease over Al-Nusra's aims and ambitions, however, in
no way discredits the jihadist group in the eyes of the rebels, who welcome any
proficient combatants to fight the better-armed regime forces - especially
given the absence of Western-supplied weapons and ammunition.
"Al-Nusra answered our call to fight in the jihad. But
the problem now is that we are unable to stop them," the judge says.
But he warns of a potential power struggle when Syria looks
to a future without Assad at the helm.
"Without help from Nato, we will not be able to kick
Al-Nusra out of Syria," Kaeid says.
