Interview with Heitam Maleh

Transcription

1 From the SelectedWorks of Marcel Stüssi Winter January 24, 2007 Interview with Heitam Maleh Marcel Stuessi, University of Lucerne Available at:

2 Damascus, 24 January 2007 Encounter with Haitham Maleh, Attorney at Law Encounter with Haitham Maleh, Former Family Law Judge and Attorney at Law, at his business offices (Damascus 24 January 2007) Marcel Stüssi: What is the legal interpretation of: Islamic Jurisprudence is a main source of legislation? First of all I think that you have to know that this country as people and society not as a regime is an Islamic country. 90% of the people are Muslim. Islam rules this country for more than 1400 years. All the Arabic countries, we are about 300 millions living in this area. Maybe you can find 2-3 percent of them who are not Muslim. So not joying the people who look at being ruled at Islamic law. This is one point. But in fact, most of our laws are not taken from sharia e.g. the civil law or the commercial law, or the criminal law. Except only one law, the family law. I was a lawyer for 50 years and I worked as a judge for family law. 95% of all the articles that we have in Syria is not against sharia. Practically in all the constitutions form Syria not from now but in the past said that the sources of the law come from Islamic law. But it is not practiced! We do not have democracy and the people are out of the game. For that the constitution is not practiced not only this side but also others sides. Many of the constitutional provisions are not practices especially on the side of human rights. Because the dictatorship does not care for the others. They want to make their orders. Syria is a country out of law. Even the civil law not even for political. Because we are living under an emergency situation. It did not start in 1963 but in through the abu naser regime with syira and Egypt. We have only small types maybe one or two times without emergency laws applicable. But we are under an emergency situation and this since it was the strong regime as dictator this time started in 1963 wit the baath party. So not only this side of the constitution is not practiced. Myself I cannot leave the country. So this is the fourth year, where is my right? And now if they arrest you, you have no right. None can visit you in prison. We have 15 branches of intelligence services. In each branch they have their own prison out of control of justice. Now all over the world the situation is bad. Not only in Syria. We are going down now all over the word. So I said for myself we do not respect the law, any law, even the constitutions. You asked me about this article and I can say that in real facts it is not practiced. Now one can ask, you see through our movement in the 70es of this time. We paid a high tax we lost between 60 and 70 thousand persons killed. Myself I was in prison for nothing.

3 As a kind of joke I said we are slaves and the owner is the family of assad. So for that about what you ask. None has anything except them. This is a company assad machmuf company. It is not regime. Marcel Stüssi: Art 19, 462, 463, and 307 of the penal code. Has there been any conviction or committal on this article? I don t think so there is any case on this matter. I want to say something. In may opinion it is very important. In our religion as muslim people it is more important than our constitution. In our religion you must not make any trouble for the other people who has another religion. The Islamic law even through the war must not kill children, women, not captures, not animals except for eating purposes. Prophet Muhammad said that. What does it mean? You will pass by people who pray for the god (like churches or something like this) you must not touch them. Leave them as they are. So this is the message of prophet mohammad. Here in Syria we live with the other religions without any problem. In 1986 some prople happened for Christians during the osmani regime. They left Lebanon to Damascus. They Christian families opened the doors for them. They put them with them. It is not a problem. I have a friend fladimir glasman (he is a French diplomat). I gave him an article written by habib cächäl is Christian. Hce has a newspaper, a political joking newspaper. He worte an article in 1961 not now. In a magazine: habarik al islam. I gave glasman a copy and I asked him to give it back to me. This article is very nice and speaks about the religious. It will be very useful for you if you want to take it. If you want a copy I can speak to thim now. I will give you a copy. We ourselves as muslim people we have not peoplem with the others. Maybe some people make some mistakes but his is another thing. Under islam. You know irish and the british how many years they fight for the religion? 30 years. In spain they kill the Christian and the jewish. And the jewish left the country to our country including morocco. The moderate society in Europe. But what happened to the muslim people in jugoslavia? How could it happened? How could it happened in guantanomo?? In our Religion, we must protect the others. So when we practice our religion it is good for the others, and good for ourselves. Marcel Stüssi: Is it possible to establish a new religious organization? There is no law?

4 This is the problem, there is no law. Now law for anything. Now we are fighting to get democracy life back to our country. We hope to succeed in this side. But we are under a regime and not under will of the people. By the way, my teacher was mustabas sibaii. My teacher in the college of law. Is was the leader of the muslim brotherhood. I was very close to him. I continued my relation with him. I was also a judge in Damascus. Mustabas sibai was a member of parliament by democratic vote, and not by force. And he was very close to mr. habib cächadi. The owner of the newspaper hokad kuhupti. He was each Friday in bab touma. In our society we all have the same background. We are Christians, durze, alawuis etc. This regime really creates something about the religious side. Because this regime tries to separate the society. When the society has good connection with the people the society will be strong. So they want to break this side. So they create the feeling for a regime. Assad himself uses bad alawuis like in any other religion to punish the Islamic direction or the isalmic side. For that he he created this kind of hatred. Myself I sent several letters to basher assad. Till now there is no answer.to fininsh some files about disappeared personons. We lost about 60 to 70 tousand people in the prisons. They still arrive in the document of the regime of the government. There is wife there are children etc. people they want to finish. This kind of ruling the country creates heatred as in Lebanon. Marcel Stüssi: What panning law is there? A new church must be only be build for the size of the community? I have no experience in this new law. But we have many new churches in Damascus. In west aburmane there is a church built by Russian orthodox which is still new. The regime itself does not build any place for prayer. Whether for islam or Christian. All these mosques you see in damacus and around it about 1000 mosques. All these mosques are build by the people, form our pocket and not from the regime. But usually when they make a new project for a new area they leave some places for the churches or mosques, just for the paces of worship. There is no problem to build new churches. There are many new churches in this country and I don t think that there is a problem form this point of view. Some of the people only want to built a new church but it is not necessary for them. There are churches close to them. Sometimes the people just want to say we are here! Not because they want to use it. But now they have ground so they can build their churches. Here you can call for prayer. The churches bell rings and the muezzin reads the verses of the qu ran. It is not necessary to go to the mosque for praying. But it is better to go to the mosques. It I do not have the time I pray here for have an hour. But we win something from our belief when we go to the mosque. Before Israel, there was no problem with the jewish people they lived between us. But then there problem started.

5 Here most of them are people of commerce. They have everything. But after Israel. Lots of things changed. Marcel Stüssi: Can a Muslim convert? You have to see this point from two sides. First, anyone in Syria can belief what he wants without any limit. Now if I would not belief in islam there is no law that would punish me. So this is up to everyone as a person. But you must not make something inside the society, to change the religious belief, that is a completely other thing. In the way, in the us communist parties are not possible there. There is a also restrictions in the past. There is national belief. If you want to change yourself here is no problem. This is the same case with drinking alcohol for example. As long as you do it privately anyone is free to do it. The same applies to the use of hasshis, or if you sleep with a woman without being legally marriaged to her. If you do it privately inside your home. Here is no punishment. This is very important now. Because islam wants to protect the society. So if you take a bottle of wine or anything else or alcoholic drink. And go your home, close the home and drink it. No one can enter the home and punish you for this. But acts are another thing. It means do not challenge the society! So if you go with a women. And make sex with her. No punishment except god will punish you in the other life. For that I say. We as muslims are free to belief or not to belief. But do not go outside and say Islam is not good. This is a prohibidden action. We have several chapter is qu rn this is for the person. What he needs and not needs. It is up to anyone to blief or not belief. It is not possible according to the law to change the religion. Why is it allowed for christans to change their religion? Because the majority of the people are muslims and this is the law according to the muslims. If you want to change you can change by yourself. As long as it does not affect your family your society. That s why it is forbidden. In our law there is nothing like. There is no chapter in our law to change from one religion to another. But if you want to change in the documents your religion this is another thing. You cannot. It is a personal matter. We want to protect the Islamic society. So we have some rules.

6 Marcel Stüssi: Is there another personal status law other the the three known? Haitham Maleh No. just the three main. But the Christians each community has its own law. So there are some differences in their laws. They are not the same but very similar. Like east west etc.