Syrian Citizenship Disappeared
of the marriage. This helped to convert the legal status of originally makutmeen children into
ajanib, a process denied before 2000. This is of
utmost significance considering that the 2011
Decree No. 49 grants citizenship to the ajanib
and excludes the maktumeen.
Ouso explained that women carry a
disproportionate burden in Syrian patriarchal society:
“As part of the Syrian society, the
Kurdish woman suffers the oppression and discrimination Syrian women suffer. Her misery doubles if she is
stateless. The husband cannot pass
on the property to the wife if she is
maktumah or ajnabiyah. She’s therefore deprived of inheritance at his
death. And when it comes to divorce,
she is deprived of her rights such as
an alimony and a dowry.”
Mohammed Khalil adds that the deprivation of citizenship had a double impact on women. Indeed,
Syrian law does not allow the mother to grant their
citizenship to their children.
As a consequence, except when the couple managed to get their marriage officially registered,
as explained above, when the father is stateless,
children remain maktumeen:
“Under the Syrian law when it comes
to marriage, the wife’s records is
transferred to the husband. When
the citizen woman marries a stateless, she remains officially single, and
thus does not inherit her husband after his death and vice versa. Her children cannot inherit her either. When
it comes to divorce, she is deprived
of her rights such as an alimony, and
can’t get her dowry back.”
Prior to Decree No. 49 in 2011, Lukman Ayyanah,
lawyer¹¹⁴, worked on lots of lawsuits related to
the stateless and learned about their hardships:
“The situation of ajnabi husband
married to a citizen wife was tremendously complicated. The registration
of children was done without the confirmation of marriage itself and the
couples remained single in the civil
records. The process was the same
each time a new child was born.
Some other hardships came up concerning education; the stateless
graduated from the Faculty of Law
were not entitled to join the Syrian
Bar Association nor practice the law.
Moreover, the maktumeen were denied obtaining high school diploma
and enrolling at universities or institutions for decades. Add to that,
the unemployment at public sector
and all of that prompted thousands
to leave for the interior provinces
searching for better lives, others migrated to Kurdistan region and Europe.”
1
Khalil stated that couples facing the most difficulties were those wher the husband is ajnabi
and the wife a citizen, who can encounter blackmail when attempting to confirm their marriage:
“Over the decades following 1962,
the couples, in case the husband was
ajnabi and the wife a citizen, were
not entitled the approval of the security apparatus to confirm the marriage and the children were therefore
registered as maktumeen. The Syrian
law imposes the female citizen to obtain a security approval ahead of her
marriage to a non-Syrian. This law
was imposed also on the female citizens marrying Kurds who are ajanib,
creating by that extra troubles. This
allowed brokers, lawyers and other
intermediaries to ask large sums of
money to obtain the authorisation
to record the children as ajanib in
the Personal Status Department. The
poor, however, could not afford the
costs, leaving the children maktumeen.”
114 Lukman Ayyanah comes from Ras al-Ein/Sari Kani.
He left Syria in 2014 and currently lives in Austria. He
had been a lawyer until he left Syria. The interview was
conducted via the Internet on July 30, 2018.
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