Syria: Wives of missing men push for legal reform

For decades, Syria’s family laws have impacted hundreds of thousands of women and children, with custody and inheritance rights often determined by male relatives. Remarriage is also barred for women whose husbands are absent, creating legal and emotional challenges for many. The question remains: Is Syria progressing toward gender equality? For over 100,000 women, the answer is far from clear. They are trapped in a limbo where the war’s legacy continues to shape their lives.

According to the United Nations and Syrian human rights organizations, up to 150,000–170,000 people, predominantly men, are still missing. Most were forcibly taken during the Syrian Civil War, which began in 2011 and saw up to 1–2 million detainees. Over 600,000 lives were lost, with many buried in unmarked graves. The conflict concluded in December 2024 when rebel groups, led by the Hayat Tahrir al-Sham (HTS) militia, ousted longtime leader Bashar Assad. However, the legal framework has not kept pace with the transition.

“I am neither a wife nor a widow,” said Nora, a 33-year-old woman from Al-Dana, a city 40 km west of Aleppo. She requested anonymity to avoid retaliation from her husband’s family, whose relations with her remain tense. “Fourteen years have passed since my husband disappeared,” she explained. “I can’t move on because his relatives still control my legal fate.”

At the heart of this issue lies Syria’s 1953 Personal Status Law, a foundational piece of legislation. It allows a person to be declared dead after reaching 80 years of age or four years post-disappearance if the absence stems from war, military action, or similar circumstances. The law also grants male relatives authority over key decisions, such as custody and inheritance. Nora’s case exemplifies this: without her husband’s family’s approval, she cannot remarry, claim property, or secure her son’s official documents until he turns 18.

Human Rights Watch researcher Hiba Zayadin emphasized the urgency of reform. “This isn’t a minor concern,” she stated. “Wives of the disappeared face a legal and economic vacuum, while their children lack necessary documentation for education and healthcare.” She argued that addressing these issues must be central to Syria’s transitional justice efforts and its pursuit of gender equality.

Meanwhile, the Ministry of Justice introduced Circular No. 17 in December 2025, limiting guardianship of minors to male relatives. “This amendment removes judges’ discretion in favor of mothers when fathers are absent,” noted Lina Ghotouk, a Syrian legal expert. “It systematically marginalizes women and deepens their struggle for autonomy.” The policy marks a shift toward institutionalizing discrimination against female caregivers.

Despite the National Authority for Missing Persons established by the transitional government, major reforms to family laws have stalled. Lena-Maria Möller, a law professor at Qatar University, suggested that a unified legal system may not be feasible given Syria’s religious and ethnic diversity. “A fragmented approach that allows communities to retain some autonomy could better align with the government’s goals of inclusivity,” she proposed. Yet, the introduction of Circular No. 17 signals a more rigid path.

Aleppo-based activist Yafa Nawaf highlighted the law’s shortcomings. “It fails to meet basic needs, like alimony,” she told DW. “This is a turning point for us, as we fight to redefine justice in a country still grappling with its past.” Her initiative underscores the growing demand for change among those affected by Syria’s ongoing legal challenges.