Home Human Rights Journalism “De Facto Authority Without Legitimacy”: A Legal Study on the ‘Harasta Shura Council’ After Assad

“De Facto Authority Without Legitimacy”: A Legal Study on the ‘Harasta Shura Council’ After Assad

STJ Recommends The Dissolution Of Shura Councils And All Other Unauthorized Entities Exercising Public Powers Without A Legal Mandate. STJ Calls For Halting Their Interference In Civil Administration, Strengthening The Role Of Official Local Councils, And Launching Independent Investigations Into The Violations Committed, With Full Accountability For Those Responsible

by bassamalahmed
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1. Introduction and Background

The Shura Council of Hay’at Tahrir al-Sham (HTS) was founded in 2017, in conjunction with the announcement of HTS’s formation as a merger of several jihadist factions, most notably Jabhat Fath al-Sham (formerly Jabhat al-Nusra), Nour al-Din al-Zenki Movement, Liwa al-Haqq, Jaysh al-Sunna, and Jabhat Ansar al-Din.[1] This union aimed to establish a more cohesive governing body capable of managing HTS-held territories and addressing military and political challenges. Accordingly, a need emerged for a high-level religious-consultative body to legitimize executive decisions and ensure broader leadership participation in decision-making.[2] Thus, the Shura Council was formed, comprising leading figures from the founding factions and influential independent individuals.[3]

In 2019, HTS announced the establishment of the “General Shura Council”[4] as a body akin to a “People’s Assembly,”[5] to reflect its openness toward the societal fabric in northwestern Syria. The council was tasked with representing both original residents and internally displaced persons in HTS-controlled areas[6] and with acting as a substitute for formal parliamentary structures.[7]

This report, prepared by the Syrians for Truth and Justice (STJ), traces the political and historical context behind the formation of the General Shura Council affiliated with HTS. It examines the council’s evolution before the fall of the regime, then tracks changes following HTS’s takeover of Damascus and its expanding influence. The report also explores the link between this central council and local Shura Councils established in several Syrian towns, with a case study focused on the Harasta Shura Council. It documents the council’s intervention in civil and administrative affairs –extending to education, health, and humanitarian sectors– through field testimonies. The report concludes with a legal analysis of these practices and presents recommendations to the transitional government, which STJ views as essential to ensuring the rule of law and restoring institutional governance in Syria.

2. The Formation and Evolution of the Shura Council

This section reviews the political and historical context of the General Shura Council (2019) and the transformations it underwent before and after the fall of the Assad regime.

I. Northwestern Syria Before the Fall of the Assad Regime

Based on information and testimonies collected by STJ, and crosschecked with open-source analyses and news reports,[8] the key stages in the establishment and evolution of the General Shura Council can be outlined as follows:

  • The Syrian General Conference and the Formation of the Salvation Government (2017): Held in October 2017 in the Bab al-Hawa area under HTS supervision, the Syrian General Conference led to the establishment of a “Founding Committee,” which subsequently announced the formation of the Salvation Government, comprising 11 ministers under the leadership of Mohammad Ahmad al-Sheikh. This move was intended to add a civilian and organizational character to HTS’s governance in liberated northern Syria.
  • Formation of the General Shura Council and Launch of its First Session (2019): On 30 March 2019, the Salvation Government announced the formation of the “Shura Council of Northern Syria,” composed of 107 members, following elections largely boycotted by the population. The council was said to include representatives of all areas and displaced communities. Bassam Sahyouni was elected president (he later resigned in 2020),[9] with Imad Shaaban and Abdul Karim Barakat as vice presidents, and Badri al-Masloukh as secretary.
  • Council’s Role and Second Term (2021): HTS sought to strengthen the General Shura Council as a quasi-parliament after its 2019 launch. Elections for its second term were held on 25 October 2021. Mustafa Mousa was elected president, with Mohammad Habbal and Abdul Karim Barakat as vice presidents, and Badri al-Abdullah as secretary. This term marked expanded representation, including a broader spectrum of displaced individuals from various provinces, as well as extensive representation from HTS- and Salvation Government-affiliated unions and bodies established in 2019 and 2020. Nevertheless, the elections were widely criticized as token, with pre-approved winning lists comprising HTS-affiliated candidates and individuals linked to its unions and institutions.
  • Legal Framework Development and Preparations for the Third Term (2024): On 11 August 2024, the council’s Higher Elections Committee approved a new electoral law for the 2024–2026 term. The law adopted open lists and allocated seats based on population distribution across provinces, in two groups: the general population and individuals with academic qualifications. The council also launched an online platform inviting international observers and human rights organizations to monitor the election’s transparency. Committee president Issam al-Khalif stated that the council president would announce the election date at least 30 days in advance, detailing seat allocations and eligibility criteria for candidates and voters. However, the elections were never held, and no official clarification was issued.
II. Syria After the Fall of the Assad Regime

Following the launch of “Operation Deterrence of Aggression” on 27 November 2025, which ended with Bashar al-Assad’s flight and the collapse of his regime, HTS assumed power in Damascus, and its leader Ahmad al-Shara was declared interim president of Syria. The Salvation Government was relocated from Idlib to the capital to serve as a caretaker government under Prime Minister Mohammad al-Bashir. With HTS’s governing apparatus moving from northwestern Syria to Damascus, several General Shura Council members –many of whom had fought in the operation– returned to their home areas, taking on administrative roles under the title of “Local Shura Councils.”

STJ documented the activity of such councils in areas including Harasta, Hazzah, and al-Bahariyah (in the Damascus countryside), and Nawa (in the Daraa countryside), in addition to several tribal Shura Councils across Syria. A source from the Media Office of the Harasta Shura Council told Lebanon’s An-Nahar newspaper (in an article published on 11 April 2025) that “similar councils exist in many towns in Eastern Ghouta under various names, a practice well known in those areas.”[10]

 

To Read the Full Report in PDF Format, Click Here .

 


 

[1] Omran Strategic Studies. The Role of Jihadi Movements in Syrian Local Governance. 14 July 2017

[2] Legitimate Authority in Jihadist Organizations. Yasmin Jamoul – Mukhtar Awfa. 19 September 2024. Original title in Arabic: السلطة الشرعية في التنظيمات الجهادية.

[3] It is headed by Abdul Rahim Atoun, and its members include Mazhar al-Wais, the Iraqi Maysar al-Jabouri (Abu Maria al-Qahtani), Mustafa Hamdan (Abu al-Harith al-Zabadani), among others. For more details, see: Legitimate Authority in Jihadist Organizations. Yasmin Jamoul – Mukhtar Awfa. 19 September 2024. Original title in Arabic: السلطة الشرعية في التنظيمات الجهادية.

[4] The General Shura Council’s online presence includes a YouTube channel, where the last video was published on 11 September 2024. No content has been released since the fall of the Assad regime or during “Operation Deterrence of Aggression.” The Council also operates a Telegram channel, where the last post was a congratulatory statement on the “liberation of the land,” published on 30 November 2024, two days after the launch of Operation Deterrence of Aggression.

[5] Jusoor. Searching for Spaces for Effectiveness.. What is Behind the Recent Resignations in Idlib. 10 April 2020.

[6] Enab Baladi. Al-Jolani: The one-man rule. 22 April 2024.

[7] Syria TV, “Plans to Invite International Observers: The General Shura Council Approves Electoral Law in Idlib,” 11 August 2024. Original title in Arabic: خطط لدعوة مراقبين دوليين.. مجلس الشورى العام يقر قانون الانتخابات في إدلب

[8] See for example: Omran Strategic Studies. The Role of Jihadi Movements in Syrian Local Governance. 14 July 2017. See also: Jusoor. The Salvation Government and Hay’at Tahrir al-Sham: Debating the Nature and Future of Their Relationship. 6 April 2022. Original title in Arabic: حكومة الإنقاذ وهيئة تحرير الشام.. جدل العلاقة ومستقبلها. See also: Noon Post. Can the Salvation Government Affiliated with HTS Succeed in Establishing Civil Institutions?. 26 February 2019. Original title in Arabic: هل تنجح حكومة الإنقاذ التابعة لتحرير الشام في تأسيس مؤسسات مدنية؟. See also: Radio Al-Kul. HTS Announces the Electoral Mechanism for the New Shura Council and Sets Candidacy and Voting Conditions. 1 June 2024. Original title in Arabic: الهيئة تعلن آلية انتخابات مجلس الشورى الجديد وتحدد شروط الترشح والانتخاب. See also: Baladi News. HTS Holds the First Meeting of Its Shura Council. 6 April 2019. تحرير الشام تعقد اجتماعها الأول لمجلس الشورى. See also: Syria TV. A New Model of HTS Pragmatism: Launching the Second Version of the Shura Council in Idlib. 30 November 2021. Original title in Arabic: نموذج جديد لـبراغماتية الهيئة“.. إطلاق النسخة الثانية لمجلس الشورى في إدلب. See also: Enab Baladi. Al-Jolani: The one-man rule. 22 April 2024. See also:  Syria TV, “Plans to Invite International Observers: The General Shura Council Approves Electoral Law in Idlib,” 11 August 2024. Original title in Arabic: خطط لدعوة مراقبين دوليين.. مجلس الشورى العام يقر قانون الانتخابات في إدلب.

[9] Later, coinciding with the General Shura Council’s adoption of the electoral law in Idlib in August 2024, Dr. Bassam Sahyouni expressed doubts about the integrity of the Council and the elections it intended to hold in HTS-controlled areas of Idlib Governorate. In a post on his Telegram channel, he stated that the slogan “a free and fair Shura Council” was a “vague expression that conceals behind it backstage dealings that began months ago and have yet to end.” He added: “Someone told me that he was offered a seat on the Shura Council by officials from the group [HTS], so what laws are you talking about? And what freedom of choice are you referring to?” Sahyouni went on to say that the person in charge of overseeing the Shura Council file within HTS “is the same individual who previously destroyed the council and stripped it of its powers,” stressing that the current council president “cannot do anything without his permission.” He continued: “When we asked why he remained in charge despite their acknowledgment that he had corrupted the council, they answered, ‘because the Shura file is his.’” He concluded: “Let it be known that the talk of forming a free Shura is nothing but a new lie and another deception that will not fool the wise. What is publicly portrayed as open discussion is merely a smokescreen, an all-too-familiar, staged performance.” Source: Syria TV, “Plans to Invite International Observers: The General Shura Council Approves Electoral Law in Idlib,” 11 August 2024. Original title in Arabic: خطط لدعوة مراقبين دوليين.. مجلس الشورى العام يقر قانون الانتخابات في إدلب.

[10] A body known as the “Council of Duma Notables” is active in the city of Duma in the Damascus countryside. It is headed by Ahmad Taha (Abu Subhi), a former commander in “Jaysh al-Ummah.” See: Statement Issued by the Council of Duma Notables, published via the “Sada al-Thawra” Facebook page on 12 May 2025.

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