Saturday, June 09, 2007

German Sharia Law

Apparently now the Koran has equal weighting in the German legal system. Another blow dealt against Western civilisation.

A German judge under investigation for ruling against a speedy divorce for an abused Moroccan woman -- who based her decision on the supposed Islamic "right to castigate" -- will not be disciplined.

In her disputed ruling, the judge cited a controversial verse from the Koran that some say allows a husband the "right to castigate."

The Justice Ministry in the German state of Hesse has decided that the Frankfurt judge's ruling did not overstep the acceptable limits of judicial independence.

A startling legal precedent- one that does not bode well for the future.

The case began in October 2006, when a 26-year-old woman filed for immediate divorce from her husband, who had been making death threats to his wife after she left him because of his abusive behavior. German law requires that a couple wait a year between separation and divorce, but the woman's lawyer believed that her circumstances met the "hardship" classification that allows for a speedier ruling.

But in January the judge -- who cannot be named for legal reasons -- denied the woman's request because the couple was of Moroccan origin, citing a Koran verse that some say gives the husband the "right to castigate." The lawyer, Barbara Becker-Rojczyk, filed a subsequent claim, saying the judge should remove herself from the case due to conflict of interest, which was also rejected.

In fact when the decision was appealed- and the original judge removed from the case, the ruling was overturned and the woman was allowed an early divorce. Which would seem to suggest that the original judge had made the wrong decision. And I find it difficult to believe that German judges do not believe that replacing German law with Koranic law is anything other than a terrible idea.

No comments: