German Judge Justifies Marital Violence by the Koran

Der Spiegel ^ | March 20, 2007 | Veit Medick and Anna Reimann

[T Ruth]

[Dateline: Hamburg, Germany] A 26-year old woman with two small children wanted to free herself from the bonds of matrimony. The police had established that her husband, who, like her, was from Morocco, had beaten her. Her husband had to move out, but the terror continued: after the separation the still-married man threated to murder the young mother.

[The woman sought an expedited divorce under German law.]

[The (female) judge denied the request, ruling that because both marital partners were from Morocco where the koran allows men to beat their wives, therefore there was] "not any unreasonable cruelty within the meaning of Paragraph 1565" [of the German divorce law, so as to allow an expedited divorce. The woman would have to wait out the normal one-year waiting period.]

[T Ruth]

Another termite boring into the foundations of western civilization.

[Mr. Brightside]

Coming soon to the USA.

[Jedi Master Pikachu]

	pan-Europe pinglist.* This pinglist covers a broad range of topics relating to Europe: culture, current events, politics, science, history, arts, etc. Warning: This could be a high volume pinglist. Note: This pinglist covers--but not as much--Eastern Europe. There is already a moderate volume pinglist for that region. Ping if you see a pertinent thread.
*To get on or off this list, freepmail with the subjects Europe on or Europe off . No message is necessary. To get on or get off this pinglist, freepmail here, with the appropriate subject.
There is also a: pan-Africa pinglist. pan-Asia pinglist. pan-Latin America pinglist. John 3:16 (New King James Version): "16 For God so loved the world that He gave His only begotten Son, that whoever believes in Him should not perish but have everlasting life."
This pinglist can terminate at any time, without notice.

[knarf]

Seems to me the judge was giving the woman an opportunity to renounce Islam ... at least that would have been my retort.

[Jedi Master Pikachu]

Are the words within the brackets your words?

[T Ruth]

Yes. The words in brackets are my paraphrase and summary of the German. They are not a strict translation.

[muawiyah]

Fascist behavior appears to be a continuing problem in Deutschland.

Maybe it's time to redeploy a few hundred thousand troops to the place ~

[Chode]

it allows them to hump goats tooo... but even peta would prolly bow down.

[B-Chan]

She should "divorce" him with a shovel to the throat when he's asleep. If the State will not protect her, she has every right to protect herself.

[PGalt]

The German dhimmi might as well be a robed mullah.

[Jedi Master Pikachu]

Appreciated.

[oldenuff2no]

It looks like the judge joined the pedophile cult. This is a whole load of crap. Germany wants the rest of the world to believe that it is civilized and then something like this comes out of their legal system. What a joke.

[Dick Bachert]

Europe is HISTORY!

[aquila48]

"Coming soon to the USA."

Not far fetched at all given that our Supremes like to look to Europe for guidance.

[Swordmaker]

Someone should have warned this judge... you have to be very careful.

If you keep your mind too open, it is likely your brains will fall out.

[Wilhelm Tell]

That is what happens when you mix multiculturalism and moral relativism.

[popdonnelly]

So now we have a German judge applying the Koran? Is this person a judicial idiot?

[Michael81Dus]

No, it´s what we call international private law. If there´s no connection to German law, the German court must apply the law of the country with the most connections - in this case, Marocco. Strange, but helpful for foreigners who are unfamiliar with the local law.

[T Ruth]

This was not a choice-of-law case. The article stated that the woman is a German, even though she was from Morocco; and the married couple is living in Hamburg. Further, the judge did not refer to Morrocan law, but stated there were no grounds for relief under Paragraph 1565 of the BGB -- German law -- on account of the fact that both marital partners were used to Morrocan customs.

Interestingly, since I posted this thread, Der Spiegel has added a poll to its article, which asks:

In a divorce proceeding, a judge has justified marital violence by the koran. Should disciplinary measures be instituted against her?

Yes, in Germany only the constitution governs, not sharia law.

No, judicial independence is a higher good.

Don't know.

Right now, "Yes" is leading 10 to 1 (approx. 7600 to 720)