Imagine a child born to a Syrian woman and a foreigner, raised abroad but still attached to the homeland of their mother; a child born in Syria who does not have Syrian citizenship and faces restrictions on their rights; or a Palestinian whose father, grandfather and the Palestinian themselves were all born and lived their lives in Syria without ever obtaining citizenship. These stories raise a fundamental question: how can the law protect such people without undermining the state’s interests or the demands of sound policy?
The debate was sparked by remarks from Syria’s Minister of Social Affairs and Labor, Hind Kabawat, about a proposed law granting Syrian citizenship to the children of Syrian women married to foreigners. Some see this as a matter of justice for women and their children; others fear the consequences for security and demographics. A balanced approach is therefore needed, one grounded in the objectives of Sharia and the principles of Islamic governance, and one that combines the protection of rights with concern for the country’s interests. Today, citizenship is a legal bond between an individual and a state that gives rise to rights and obligations. Although the concept did not exist in its modern form for early Islamic jurists, Islamic law addressed related questions.
Regulating citizenship and the conditions for acquiring it falls within the realm of ijtihad—independent legal reasoning—and policy consistent with Sharia. A relevant principle is that a ruler’s decisions concerning their subjects must be guided by the public interest. This means that granting citizenship should serve justice, prevent harm, strengthen security and stability, and balance benefits against costs. Granting citizenship to the children of Syrian women could bring tangible benefits: reducing statelessness, making it easier to obtain documents, and strengthening family and social stability.
These benefits, however, do not eliminate the challenges: identities, the validity of marriages and family origins must be verified, and forgery must be prevented. Concerns about security, demographics and the economy also remain. Sound policy should not be based on abstract fears; it requires objective studies and reliable data on actual or most likely risks. Transparent procedures and safeguards must therefore be considered in advance, rather than rejecting reform on the basis of speculation alone.
A separate question concerns Syrian women living abroad, particularly in Turkey, where many have married Turkish citizens and their children have acquired Turkish citizenship. Should the law cover these children, or only those living in Syria? Should they be entitled to Syrian citizenship alongside their father’s citizenship? A mother’s residence abroad or a child’s possession of another citizenship should not, in itself, exclude the child from the right to Syrian citizenship. If the aim is to ensure the fair transmission of citizenship, children of Syrian women should not be discriminated against on the basis of where they were born or live; only reasonable legal restrictions should apply.
Reform cannot sidestep the Palestinian question. Palestinians have lived in Syria for decades, and entire generations have been born there. They have shared life’s joys and sorrows with Syrians and taken part in the country’s scientific, social and economic life. Law No. 260 of 1956 granted some of them extensive civil and economic rights. It is now appropriate to seriously consider whether Syrian citizenship could be granted to Palestinians who have long lived in the country, and to their children and grandchildren, if they wish to receive it. This should not mean giving up Palestinian identity or the right of return. It is a matter of a just legal solution that offers full citizenship by choice, not compulsion, while guaranteeing the preservation of Palestinian identity and national rights.
Successful reform requires clear rules: verifying identity, family origins and documents; transparent mechanisms to prevent fraud; the right to object and appeal in court; and legal alternatives for proving marriage and kinship when documents have been lost because of war. The naturalization of children and foreign spouses should be considered separately, questions of dual citizenship should be examined, and children should not be held responsible for their parents’ violations. One proposed solution is to establish a committee of experts in law, fiqh, public policy and social affairs, review comparative experience, proceed in stages if necessary, and prioritize assistance to the most vulnerable.
Ultimately, reforming the citizenship law is an opportunity to create fair legislation that takes account of the particular nature of Syrian society and its exceptional circumstances. It should protect the children of Syrian women, reconsider the status of Palestinians who have lived in the country for generations, and at the same time avoid disregarding national interests. Syria today needs laws that combine Sharia’s compassion with the wisdom of sound policy, protecting human dignity without compromising the rights and interests of the homeland.
Comments on the News
- What does Law No. 260 of 1956 provide, and why is it important for Palestinians in Syria? - It establishes a special legal status for Palestinian refugees in Syria, including the right to reside, work, study, receive medical care, own property and hold travel documents. However, it does not grant them Syrian citizenship or political rights. The law is important to Palestinians as a basis for legal residence and access to services without naturalization, preserving their refugee status and right of return.
- What are the current provisions of Syrian citizenship law for children born to Syrian mothers and foreign fathers? - Syria’s Citizenship Law No. 276 of 1969 is in force, and citizenship is primarily transmitted through the father. Children born to a Syrian mother and a foreign father generally do not automatically receive Syrian citizenship. Exceptions may apply if the father is unknown or stateless, or if the child completes a limited naturalization process.
- Why do Palestinians who have lived in Syria for decades still not have Syrian citizenship? - Syrian citizenship is not automatically granted on the basis of long-term residence, and naturalization is restricted. Palestinians in Syria have a special status under Law No. 260 and are registered with UNRWA, but no mass naturalization has taken place. This is also tied to the political position that their refugee status and right of return should be preserved, rather than encouraging permanent resettlement.
- Does Syria allow dual citizenship, and what are the implications for children of Syrian women who have acquired their father’s citizenship? - Syria generally does not recognize dual citizenship; voluntarily acquiring foreign citizenship may result in the loss of Syrian citizenship if official permission was not obtained. Children of Syrian women and foreign fathers usually receive their father’s citizenship, not their mother’s. If they later seek Syrian citizenship, they may be required to renounce their foreign citizenship, or face legal uncertainty. In practice, people do hold multiple passports, but this is not encouraged by law.
Full version: الجنسية السورية لأبناء السوريات بين الحقوق ومصالح الدولة