Explained: Syrian Law Still Restricts Actions on Church-Owned Endowment Properties

While Syria’s Christian personal status regulations – Orthodox and Catholic – which were introduced from 2006 onwards do not require the Prime Minister’s approval to greenlight a property exchange, Law No. 411 of 1957 does, curtailing Christians’ rights to manage their endowments.

Last year, the Greek Orthodox Archdiocese of Homs exchanged Property No. 1229, located in the Bab Al-Sibaa district of Homs, for another property to improve the endowment’s standing and serve the public interest. However, the exchange was only finalised after the Prime Minister’s approval under Decision No. 374, dated March 7, 2023.

Similar decisions have been issued over the years, such as Prime Minister’s Decision No. 5972 on July 29, 2003, which authorised the Greek Catholic Patriarchate’s Archdiocese of Homs, Hama, and Yabroud to exchange a property in Yabroud, and Decision No. 3192 on June 9, 2004, which approved the Greek Orthodox Patriarchate exchange of a property in Sednaya.

The endowment laws within Syria’s Christian personal status regulations, do not require the Prime Minister’s approval to dispose of endowment properties. For example, the Personal Status Law for Catholic Sects No. 31 of 2006 and the Syriac Orthodox Personal Status Law No. 10 of 2004 designate the relevant religious authorities to handle endowments’ creation, management, and exchanges.

According to Law No. 31 of 2006 and Law No. 10 of 2004, a church’s ownership of a property implies its management for charitable and public good purposes. The task of managing an endowment rests with the clergy within the church, including protecting and using it to support the endowment’s interests.

These laws prohibit the church from selling endowment property but allow for an exchange if it is deemed advantageous. Property exchanges involve trading the endowment asset for another, making the new property an endowment like the former one. Alternatively, an exchange can be conducted by selling the endowment property and purchasing another, which immediately becomes an endowment under the same conditions upon acquisition. For example, the Prime Minister’s consent was mandated, under Decision No. 753 of June 6, 2024, for the Greek Catholic Archdiocese of Homs, Hama, and Yabroud to sell in 2024 plot No. 20 of Property No. 1432 in the Rabla district, with the aim of purchasing a new property in service of the Archdiocese’s interests.

Laws No. 31 and No. 10 impose no restrictions on church endowment management beyond what each sect’s religious order stipulates. Thus, requiring a Prime Minister’s approval for property exchanges limits these sects’ rights to manage their endowments.

The 1936 religious communities’ statute, issued under Decision No. 60, required non-Muslim sects to submit a religiously-derived statute for managing their affairs, including property management. Decision No. 60 did not restrict sects’ property management freedom – however, it was amended by Law No. 411 in 1957, mandating the Prime Minister’s endorsement for the management of these sects’ assets. Law No. 411 of 1957 remains effective, hence, any exchange involving church-owned endowment property requires submission to the Prime Minister, justifying the need. If the reasons are convincing, the Prime Minister then ratifies the exchange decision.

Conversely, Islamic endowment regulations do not mandate the Prime Minister’s approval for exchanges. Under Syrian Endowment Law No. 31 of 2018, the Central Endowment Council is the authorised body for approving endowment property exchanges if deemed beneficial, after consulting a religious judge. The Central Endowment Council comprises the Minister of Endowments as Chair, deputy ministers, three experts appointed by the minister, and four ministry directors. Formed entirely by the Ministry of Endowments, this council is tasked with supervising and managing endowments, without requiring the Prime Minister’s consent for property transactions.