Assessment Report I NRC
It appeared that rental disputes are among the most challenging for Shari’a
courts to resolve given the lack of written or clear verbal agreements and
the fact that the courts cannot control rent prices. In some areas, the
Shari’a courts dealt with this challenge by enforcing rent caps imposed by
Local Councils. Challenges for those involved in HLP dispute resolution
(as highlighted by key informants, including Shari’a court judges), was
the lack of unity and consistency between Shari’a courts across
different areas and the lack of coordination between HLP dispute
resolution actors, presumably leading to a lack of hierarchy in
decision-making, resulting in forum shopping.36 Other challenges
included the lack of recognition of the courts’ decisions outside their
particular jurisdiction (at times limited to a particular sub-district) and even
sometimes inside. A further challenge was noted as being the fact that
there is no system for the registration of HLP transactions, resulting
in lack of a reliable means of proving ownership of real property
acquired in NGCAs, as well as increased risks of corruption and
the falsification of documents. All of these challenges were believed
to undermine the effectiveness and credibility of the Shari’a courts. It was
found that some people in NGCAs seek to have their HLP cases resolved
in courts in areas of Syria under Government of Syria control, albeit through
facilitators.
Extremely Sure
Not Sure at all
Somewhat Sure
Figure 4: Household survey (n=600): Ability to reside in current residence
for three months
36 Forum shopping occurs where competing justice systems co-exist, leading to a situation
where those with the means to do so appeal to multiple fora, or to a particular forum that is likely
to render a favourable judgment, with resulting risks in terms of legal clarity and consistency as
decisions in one forum can be contradicted by another.
NRC Assessment Report I 19