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The fall of Bashar al-Assad's 53-year family dictatorship in Syria has ushered in an era of uncertainty for the country's women judges, who fear their roles in the judiciary may soon be eliminated under the new leadership of Hayat Tahrir Al-Sham (HTS), the resistance group that ended the Assad regime's control over the country.

These fears crystallised after HTS spokesman Obeida Arnaout's recent with the Lebanese Al-Jadid channel, where he cast doubt on women's future role in the judiciary while maintaining a carefully measured stance on women's education. 

"Women certainly have the right to learn and receive education in any field," Arnaout said. "However, for women to assume judicial authority, this is a subject of closer examination and study by specialists." 

His comments about women's emotional and physiological limitations being an "obstacle" to their participation in certain fields have particularly alarmed female judges, who view such statements as discriminatory and religiously motivated biological reductionism.

Women in the Judiciary

The presence of women in Syria's judicial system has been a hard-won achievement spanning decades. When Syrian women were first admitted to practice law in 1975, they faced significant barriers to entering the judiciary.

A Freedom House revealed that their representation remained notably low for many years, with female judges and public prosecutors constituting just 13% of the judiciary, mostly concentrated in Damascus. This male dominance had far-reaching implications, making women less likely to trust the judicial system or seek justice through the courts.

However, by 2017, women had made remarkable progress, comprising 30% of the judicial corps – a significant increase from the approximately 240 female members (15%) by the UN CEDAW in 2012.

Although the Syrian state portrayed this increase as evidence of the government's commitment to women's rights and gender equality in legal professions, suggest a grimmer reality: the rise in female representation was largely due to the loss of male judges through death, detention, or displacement during the civil conflict.

The current situation has become increasingly precarious for female judges across the country. While Syria's transitional cabinet has not issued formal directives to dismiss women judges, sources at the Homs governorate's Justice Palace report receiving verbal instructions to remove women from judicial positions. 

The justice ministry's recent of paid administrative leave for all employees, including judges, until January 6 has been interpreted by many as a gradual strategy to remove women from the judiciary.

Judge Zahera Bashmani, who served as head of the former regime's Counter Terrorism Court, represents the complex reality facing many female judges. Despite her high-ranking position and belonging to the Alawite sect, she emphasises that her achievements came through merit rather than sectarian favouritism. 

"I studied law for four years, spent two years conducting research, and took numerous exams," she says. "Now at 58, what I achieved can be destroyed overnight. Islamic Sharia, not the constitution, will be applied under the new leadership."

A 39-page 2020 by The Syrian Network for Human Rights, described Assad’s Counter-Terrorism Court as a political/security court which aims to eliminate those calling for political change, democracy and respect for human rights.

Based on the accounts of 15 former and current detainees, the report noted that at least 10,767 people still face trial, that the court heard nearly 91,000 cases and ordered 3,970 cases of seizure of property.

It concluded that the court’s primary objective was to provide the regime with official cover for the liquidation of detained and tortured political dissidents and opponents of the regime. It added that the Judicial Authority was entirely dominated by the executive authority and security services. 

The uncertainty affects judges across religious and sectarian lines. Tajan Al-Masri, a 43-year-old Sunni judge, faces personal and professional challenges. Having sacrificed her marriage to maintain her judicial career, she now fears losing her professional identity altogether.

Tajan challenges religious justifications for excluding women, noting that Prophet Muhammad himself supported women's participation in various aspects of society, including warfare.

For minority judges, the concerns are compounded. Hayaa Naddour, a Christian judge in Homs, fears both religious discrimination and professional exclusion. 

"I am Christian, so my calamity will be twofold if all state institutions become Islamized," she explains. "Will I be asked to wear a hijab as well? Even if I can retain my role as a judge, how do I work within a system I do not believe in?"

The transitional government has made some gestures toward women's inclusion, notably appointing Aisha al-Dibs as head of the Women's Affairs Office – the first woman to hold a ministry position in the new administration.

Aisha has promised to engage Syrian women in social, cultural, and political institutions and announced plans for a comprehensive initiative to address the needs of female prisoners who suffered under the previous regime. However, her public statements have notably omitted mention of women's roles in the judiciary.

Political analyst Nihad Tahmaz suggests two possible scenarios for the future of women judges. The first involves giving appointed court presidents the authority to decide whether to employ women judges based on personal discretion. The second, more subtle approach would see HTS avoiding official pronouncements while quietly allowing their appointees to implement changes, thereby maintaining their international image while seeking the removal of their terrorism designation.

Constitutional law expert Issam Takroni points to divisions within Syrian society itself regarding women's roles. 

"Those who don't work agree with possible changes to be introduced by HTS, while those who must work and will be harmed stand against these decisions," he explains. The situation is further complicated by Article 23 of Syria's previous constitution, which mandated state support for women's full participation in political, economic, social, and cultural life.

HTS leadership has attempted to distance itself from extreme positions. In a recent BBC , HTS head Ahmed Al-Sharaa, now Syria's de-facto leader, promised that Syria would not become "another Afghanistan," citing Idlib province's record under HTS rule, where almost 60% of higher education graduates are women. 

However, for Syria's female judges, these assurances provide little comfort as they await decisions that could end their legal careers and fundamentally reshape the country's judicial system.

As Syria enters this new phase of its history, the fate of its female judges hangs in the balance, representing a crucial test of the new leadership's commitment to maintaining professional opportunities for women in one of the country's most important institutions.

Areeg Loui Ali is a Syrian journalist who has worked at a number of local newspapers and is interested in humanitarian stories and solution journalism

This article is published in collaboration with