Syria’s Rebel Judges Promise Sharia Justice With Mercy

In Tal Rifaat, the Assad regime has been replaced by a local tribunal of clerics, guided by Islamic law and the pursuit of political reconciliation

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Goran Tomasevic / Reuters

Men search for bodies under rubble of a house, destroyed by a Syrian Air force air strike, in a village of Tal Rifaat, about 37 km north of Aleppo, Aug. 8, 2012.

Imam Mohammed Drbal had just received a call from his wife. She was panicking and wanted him to come home, he explained. With shells beginning to rain down again, Drbal figured the day’s caseload would be a light one. “People didn’t sleep well because of last night’s shelling,” he said. “Because of today’s, they’ll be afraid to leave their homes.” The artillery barrage was coming from a nearby airbase, the only regime stronghold between Aleppo and the Turkish border not to be overrun by the rebel Free Syrian Army. The bombardment was unlikely to reach this part of town, according to Drbal. And if it did, he deadpanned, “We’re all here together, and in this together.” His fellow imams jiggled inside their beige thobes, struggling to contain their laughter.

Drbal and his fellow clerics comprise the tribunal that has replace the Assad regime as the law in Tal Rifaat, 20 miles north of Aleppo. Two months ago, after the authorities fled, a pair of imams who had led the town’s anti-regime protests founded a council to resolve local disputes and fill the growing security vacuum, and set up shop in a local school. “We couldn’t have double standards and competing interpretations of Islamic law,” said Drbal. “So scholars, locally respected people, decided to meet in a single council.”

(PHOTOS: Syria’s Slow-Motion Civil War)

Drbal and his colleagues made no bones about the fact that the post-Assad justice dispensed by their court was based on Islamic sharia law. “We are ruling on the basis of sharia,” explained Seraj al-Halabi, one of the men. “We have lawyers, judges and former army officers,” said al-Halabi, himself a veterinarian, “but all of us are Islamic scholars.” Everyone has the right to have his or her case heard by the council, he added. “We are ruling in every area of the law.”

Still, claimed al-Halabi, theirs was not an ordinary Islamic tribunal; the imams were focused as much on delivering justice as on promoting political reconciliation. “We are not here to practice Islamic law like in Saudi Arabia, cutting off heads and hands, but to help run the city and to restore order,” he said. “Sharia seeks solving problems, not creating them. And we are trying to figure out the best solution, the solution that will be most moderate and merciful.”

Al-Halabi insisted that the court wouldn’t punish anyone for supporting the regime, unless they had blood on their hands, and that they hadn’t ordered a single execution. “We tell FSA fighters, if you are in battle with Bashar’s forces, better kill them than bring them here,” he said. “Because we will not kill them for you, and might set them free. Even if the regime deals with us by killing and torturing, we will not deal with them likewise.”

The new tribunal certainly seems to be a hit with the locals – at least with those that remain in the town. (Most of Tal Rifaat’s population of 25,000 have taken refuge across the border in Turkey.) “We feel safer now, even with the shelling, than we did for the last forty years,” offered Mahmoud, a shopkeeper. Around him, heads nodded in unison. On the question of dealing with Assad loyalists, the locals seemed in tune with their imams. “Pro-regime people are free to think whatever they want,” one man argued. “They should be punished only if they’ve hurt others.”

Back at the school, two prisoners awaited trial in a classroom-cum-jail. One had been accused of shooting at a neighbor during a private dispute, the other charged with spying for the regime, denouncing protesters and FSA fighters alike.

The latter, who wished not to be named, insisted he’d been framed by personal enemies. He had been pro-regime in the past, he claimed, but changed his mind after seeing the atrocities perpetrated by Assad’s forces. He had been well treated since his arrest, he said, both by the council and the FSA rebels who brought him to Tal Rifaat from his home town 40 miles away.

The veracity of the captive’s answers couldn’t be verified, of course, given the fact that Drbal and others remained present during his interview with TIME. “I expect a fair trial,” the man said, sitting cross-legged, our conversation punctuated by the sound of guards playing ping-pong in the next room. “This is an Islamic council. When it’s an Islamic council, that means it will judge the right way, that it will always be on the side of justice.”

Many regime loyalists, of course, never made it to courts like the one in Tal Rifaat. On July 31, in what human rights groups suspect was the latest in a string of summary killings by the anti-Assad rebels, gunmen executed 15 members of the al-Berri clan in Aleppo. Although the FSA leadership has since denounced the killings, that message has yet to hit home with some of its fighters. “In wartime we don’t have courts, and we don’t have time to judge people,” Ahmed al-Ghazaleh, an FSA commander in Azaz, told TIME’s reporter and another journalist last week. The al-Berris had been responsible for hundreds of killings, he argued. “I would have executed them too.”

The imams in Tal Rifaat seem to believe in, and uphold, a different brand of justice. “When someone weak comes to us, we want them to feel protected,” Seraj al-Halabi told me. About a month ago, he said, a group of FSA fighters had brought a shabiha (pro-Assad militia) member before the council. “We knew he was shabiha, but we ruled he was innocent, because we didn’t have enough evidence to convict him.”

If the FSA were caught off guard by the ruling, they had another surprise coming. “The fighters had beaten the shabiha man badly,” said al-Halabi, “so we ruled to throw the FSA group in prison.” The rebels bristled at this, but accepted the imams’ verdict. “Those who have the guns often think that they’re stronger,” said al-Halabi. “But because we had the whole city behind us there was little that they could do.”

The day after TIME left Tal Rifaat, according to local sources, a military airstrike pulverized a two-story building directly next the school, killing eight people. At the time, the imams — their tribunal having perhaps been the intended target — were en route to the Turkish border.

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12 comments
Aritra Gupta
Aritra Gupta

In reply to Carl L:

Fine, but if Dr Assad's govt is bombed out of Syria by the USA, you are going to see mass graves of Shiites and Christians all over Syria. The alleged "atrocities" perpetrated by the Syrian Armed Forces currently will be child's play compared to what will transpire if the legitimate Syrian govt is bombed out and the bearded mob allowed to take Damascus.

Aritra Gupta
Aritra Gupta

Shariah law will be the only consequential consequence of Dr Assad's fall if his govt does fall. This report, if it is true, is only an attempt at PR by the so-called rebels who are getting desperate since they aren't getting the kind of support they would have liked to have had from the international community (which is asking the USA and its allies to destroy Dr Assad's hardware and drive his forces away, so that the road to Damascus is cleared for their victory march).

Carl Loeber
Carl Loeber

President Obama should have been helping these people 432 days ago .. he has the blood of 20,000 dead on his hands ..

Which gang of dictators voted against the UN resolution in the General Assembly ..  ?  

See how many you can name ..?

Answer:

12 nations are Russia, China, Syria, Iran, Belarus, Bolivia, Cuba, Myanmar, Nicaragua, North Korea, Venezuela and Zimbabwe.

I

have been to Aleppo .. I have never met a kinder people .. one man with

his family took me by the arm as I walked beside him up the ramp to the

citadel in the bright sun .. he let me know that he would be paying for

me ..

Syrian

authorities are systematically detaining and torturing children, the

United Nations' human rights chief, Navi Pillay, has told the BBC.

http://www.bbc.co.uk/news/worl......  

President

Obama has allowed this to happen .. he has given free rein to the

dictators in Damascus and abandoned the Syrian people .. he said the

right things when he lead the charge against Qaddafi .. but has let his

re-election rule his moral sense on Syria ..

“To

brush aside America’s responsibility as a leader and — more profoundly —

our responsibilities to our fellow human beings under such

circumstances would have been a betrayal of who we are,” (Except in an

election year?)

“Some

nations may be able to turn a blind eye to atrocities in other

countries. The United States of America is different,” (Except in an

election year?)  

2011: “And as president, I refused to wait for the images of slaughter and mass graves before taking action.”  

2012: Coward.

Selvar
Selvar

There are nice and decent people in every country. That doesn’t

mean you ignore the political reality of the rebels being Islamists. US involvement

will only escalate the civil war and lead to far more deaths.  It is also likely that Christians and ethnic

minorities who support Assad will be prosecuted by the rebels .The US military exists to

protect and defend Americans. The US military has no obligation to enforce

human rights around the world. You say Obama won’t start a new war in Syria

because it’s an election year. So you admit that the vast majority of Americans

oppose intervention in Syria?

Gary Rumain
Gary Rumain

Why should anyone help them? Leave them to their own devices.

RobertSF
RobertSF

Sharia, huh? So much for fighting for freedom. Within the lifetimes of most of us, we'll see the various Arab countries disappear and the area become once again a single, Islamic theocracy, like it was before the 20th century.

Samian
Samian

What!?!?! Mullahs and Sharia law in Syria?!?!

Hillary Clinton PROMISED us all that Syria would turn into a Jeffersonian democracy, and the rebels only wanted freedom for everyone!

f_galton
f_galton

These people will only have themselves to blame when Assad finally gets around to using chemical weapons on them.