Amadeus Posted March 21, 2007 Share Posted March 21, 2007 This one is making big waves in ze heimatland at the moment - can only find one english version on google: German judge acts according to the Shari 'a A German judge, stating the Koran as the reason, has rejected the request for an urgent divorce, made by a woman from Morocco who stated: "my husband will kill me. We need to get divorced immediately." The German female judge stated: "You were raised in the Moroccan culture. Such situations could be considered normal in your culture. According to the sura Nisa in the Koran, man has dominance over woman. So, there is no need for you to get divorced urgently." According to the german papers, her words were something like "in your culture and under the koran, the man has a right to beat his wife, and you should have been aware of this before getting married" - she somehow managed to overlook that sharia law is not applicable in Germany, which is rather shocking.. She was removed from the case and is facing disciplinary action - let's hope she gets fired.... Link to comment Share on other sites More sharing options...
VinnieK Posted March 21, 2007 Share Posted March 21, 2007 That's absolutely monstrous, not least because it carries a faint suggestion that the judge was flauting the law in order to teach this woman, and perhaps use her as an example, of the supposed "consequences" of being of the muslim faith. Either that or it is a particularly unfortunate example of the extremes of cultural relativist thought. Link to comment Share on other sites More sharing options...
access55 Posted March 21, 2007 Share Posted March 21, 2007 How do people like that end up being Judges FFS? Link to comment Share on other sites More sharing options...
Amadeus Posted March 21, 2007 Author Share Posted March 21, 2007 More detailed article - clickey Link to comment Share on other sites More sharing options...
Pat Ayres Posted March 21, 2007 Share Posted March 21, 2007 Surely divorce is a civil situation and therefore nothing to do with 'the law'. I think the judge has a point, you made your own bed, lie in it. Or go back to Morocco for the divorce. A marriage contract is a contract. Link to comment Share on other sites More sharing options...
VinnieK Posted March 21, 2007 Share Posted March 21, 2007 Surely divorce is a civil situation and therefore nothing to do with 'the law'.I think the judge has a point, you made your own bed, lie in it. Or go back to Morocco for the divorce. A marriage contract is a contract. You say it yourself, a "marriage contract is a contract", which places the resolution of disputes regarding the end of a marriage fully in the hands of the (civil) law. The circumstances under which a divorce is granted is governed by the civil law, and one of the fundamental principles of the rule of law (and thus liberal democratic society) is that all are equal before it, regardless of race, faith, gender, or culture. Link to comment Share on other sites More sharing options...
Pragmatopian Posted March 22, 2007 Share Posted March 22, 2007 What a stupid judge to use Sharia law in the reasoning of a decision on the relationship between two German residents. I think the unfortunate applicant is a bit misguided in believing that her psychopathic husband will leave her alone because of a piece of paper from the court, but if Germany generally allows exceptions to the one year divorce rule where one party to the marriage has been subjected to domestic abuse by the other then she seems to have a pretty strong case. If not, she should be afforded the protection she requires. The bible has all kinds of rules that may have made more sense 2000 years ago, but seem pretty weird and wacky now, and they typically don't form the basis of current law in countries with a predominantly Christian heritage. Yet, Sharia law is still closely based on the similarly weird and wacky edicts of the Qur'an. Religious laws may have worked for regulating behaviour among small groups of believers many centuries ago, but they simply do not work in a multi-faith world. Believe what crazy stuff you will, but don't use the law to enforce those beliefs on others or to justify actions towards others that, by the standards of a decent society, are unreasonable. Link to comment Share on other sites More sharing options...
Lonan3 Posted March 22, 2007 Share Posted March 22, 2007 I wouldn't argue with any of the points made so far - except to say that we appear to be getting only one side of the story, and that from a lawyer who was (probably justifiably) upset with a verdict that went against her. From Amadeus' link: In the reply sent to Becker-Rojczyk, the judge expressly referred to a Koran verse -- or sura -- which indicates that a man's honor is injured when his wife behaves in an unchaste manner. "Apparently the judge deems it unchaste when my client adapts a Western lifestyle," Becker-Rojczyk said. Perhaps we need a little more information on some of this? Link to comment Share on other sites More sharing options...
Pat Ayres Posted March 22, 2007 Share Posted March 22, 2007 Of course we need more information on this, that's why I posted as I did, hoping that the blanks would be filled in. Now we have a 'one year rule', WTF is that for instance? Link to comment Share on other sites More sharing options...
Rog Posted March 24, 2007 Share Posted March 24, 2007 Of course we need more information on this, that's why I posted as I did, hoping that the blanks would be filled in.Now we have a 'one year rule', WTF is that for instance? It's similar in the UK as well. Link to comment Share on other sites More sharing options...
Amadeus Posted March 24, 2007 Author Share Posted March 24, 2007 Of course we need more information on this, that's why I posted as I did, hoping that the blanks would be filled in.Now we have a 'one year rule', WTF is that for instance? It's similar in the UK as well. AFAIK, you have to wait one year before a divorce can normally go through, unless there are special circumstances, such as violence in the relationship. I don't think there are many blanks to fill in, tbh - the German media have been all over that story for the last week, and it all really looks as if the judge had a bit of a bad moment there... Link to comment Share on other sites More sharing options...
nessa Posted March 24, 2007 Share Posted March 24, 2007 Not sure if this little bit of snippet information is of any relevance to the topic ... but perhaps another different rule which I would find difficult to accept - Imrana's inhuman rights - Newindpress.com A woman is raped by her father-in-law. An event both horrible and tragic. Then an obscure organization called the All India Muslim Personal Law Board, with no ties to the government of India, declares that her marriage is nullified and she is now wife to the man who raped her, her husband's father. She's her husband's step-mom. The Indian government has done nothing to help this woman, who is supposed to have Constitutional protection. http://www.newindpress.com/NewsItems.asp?I...220050701223309 http://www.newindpress.com/NewsItems.asp?I...icle&rLink= .... yeah guess I have all sorts of bits and pieces which come through my inbox here but aside from the issue involved in this case I had filed away - it does worry me when trying to bring rules or laws from one country or culture into a different society ps I think this other article highlight is maybe 2 years old but sorry nope I cant remember if there was any followup & if the Indian Government helped? Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.