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

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