German Judge Condemned for Citing Quran- Would This Happen in the US?
@whiteheather39 (24403)
United States
March 23, 2007 5:43am CST
BERLIN (AP) - Politicians and Muslim leaders denounced a German judge for citing the Quran in her rejection of a Muslim woman's request for a quick divorce on grounds she was abused by her husband.
Judge Christa Datz-Winter said in a recommendation earlier this year that both partners came from a "Moroccan cultural environment in which it is not uncommon for a man to exert a right of corporal punishment over his wife," according to the court. The woman is a German of Moroccan descent married to a Moroccan citizen.
The judge argued that her case was not one of exceptional hardship in which fast-track divorce proceedings would be justified. When the woman protested, Datz-Winter cited a passage from the Quran that reads in part, "men are in charge of women."
The judge was removed from the case on Wednesday and the Frankfurt administrative court said it was considering disciplinary action.
While the Quranic verse cited does say that husbands are allowed to beat their wives if they are disobedient, Germany's Institute for Islamic Questions noted that such an interpretation was no longer standard.
Olp said the judge thought she was protecting the woman, who had been granted a restraining order against her husband. She had seen no reason to grant help in paying court costs for a fast-track divorce.
The latest uproar comes amid an ongoing debate in Germany about integrating its more than 3 million Muslims, most of them from Turkey. A decision last year to cancel an opera featuring the severed heads of the Prophet Muhammad and other religious figures out of security concerns caused a furor and was later retracted.
Lawmakers from Chancellor Angela Merkel's Christian Democrats said traditional Islamic law, or Sharia, had no place in Germany.
"The legal and moral concepts of Sharia have nothing to do with German jurisprudence," Wolfgang Bosbach, a lawmaker with the Christian Democrats, told N24 television.
"One thing must be clear: In Germany, only German law applies. Period."
Ronald Pofalla, the party's general secretary, told Bild: "When the Quran is put above the German constitution, I can only say: Good night, Germany."
The mass-circulation Bild daily asked in a front-page article: "Where are we living?" The left-leaning Tageszeitung headlined its Thursday edition: "In the name of the people: Beating allowed."
http://story.news.ask.com//article/20070323/D8O1QEKG0.html
4 people like this
13 responses
@eflynazwa (133)
• Malaysia
24 Mar 07
This is a case of misinterpretation. In Shariah Law, men DO have the right to punish their wives for disobedience, BUT, not to abuse. There are steps taken in punishment. First is to advice and to discuss. If the wife is still stubborn then the husband can avoid bed. When all is done but still the wife doesn't listen just then beating is allowed. The husband may beat the wife with a cane but not raising it to implement such hard pain. Abuse should not be tolerated even in any religion not just to the Islam believers. I don't think many ponders the on word "Beating is Allowed". They should ponder on Why it should be done, When it should be done and How it should be done.
1 person likes this
@whiteheather39 (24403)
• United States
24 Mar 07
Thank you. Your response could really open the door regarding semantics.
@mari61960 (4893)
• United States
24 Mar 07
Well good for them, I hope it's the end of his judging days. I think that if that was to happen in the USA there would certainly be hell to pay for it..lol I don't think any judge here would get away with it. I don't see how the judge was trying to "help" the woman either.
This was my favorite part...and to it I say Amen.
"One thing must be clear: In Germany, only German law applies. Period." Ronald Pofalla, the party's general secretary, told Bild: "When the Quran is put above the German constitution, I can only say: Good night, Germany."
1 person likes this
@whiteheather39 (24403)
• United States
24 Mar 07
I agree the right decision was made but so far bo-one had pointed out what from my point of view the judge is a WOMAN and to me she was also condoning mans "right" to beat his wife.
@shogunly (1397)
• Libya
24 Mar 07
I live in a Moslem country where Shareea law is not applied LITERALLY but is the basis of the civil law . Marital abuse is indeed considered grounds for divorce . You should not judge a religion that was worded almost 1500 years ago for the interpretation of one guy who is not even a Muslim .
1 person likes this
@lovesfreedom (1245)
• United States
24 Mar 07
Oh my goodness, I would hope in my country of America this would not happen, but nothing surprises me anymore. Equality can be very hard to come by and sometimes the wrong person gets appointed to an office.
This is such a disturbing article for me.
I am a woman, I walk beside my husband, we make decisions together with respect for each other. We do not hit each other and seldom do we argue. In would be outraged if this was in America and would be letting my voice be heard.
1 person likes this
@claudia413 (4280)
• United States
23 Mar 07
Incredible story. I feel that judge was totally wrong in his ruling. I'm glad he was removed from the case...it's judge a shame he wasn't removed from the bench yet. Maybe that's what hei'll get IF they do any disciplinary action. If it happened here, I would hope the laws of the USA would be followed and not anything else.
1 person likes this
@lonewolfnan (4366)
• Canada
23 Mar 07
A religion that condones marital abuse??And a court system that is based on religion that certain parts are extremely outdated and/or against their rights?Could someone give me a call when reality returns to our systems in this world??In the show Godspell,the line is "the Law and thr Prophets",not the law BY the profits.(spelling error intentional).
@Eskimo (2315)
•
23 Mar 07
Even if men are in 'Charge of Women' that should not give them the right to beat them. I don't remember thee EEC passing a law that lets Sharia Law take precedence over EEC Laws (which these days seem to take precedence over European National Laws), and it will violate the Human Rights Acts which the EEC is so very fond of forcing onto everyone these days.
1 person likes this
@irisheyes (4370)
• United States
25 Mar 07
I would hope it wouldn't happen hee. We're supposed to have separation of church and state and I don't think any judge has any business using the koran or the bible to render a decision. I think Germany should definitely get rid of that judge. She should have known better.
@jennybianca (12912)
• Australia
25 Mar 07
I can't imagine this happening in Australia, and I would expect that in the US government laws would supercede the Koran.
This is the case in any country where the Church does not run the Country.
Churches, I guess have a right to insist their beliefs are followed by adhearants, but not at the expense of any countries law.
Germany is a democratic government, therefore I would expect the laws. elected by people, to be adhered to.
The Koran is no exception.
This is a particularly nasty case, as the Koran law in question is abhorant to many people, and if members want to abide by this law, they can go live in countries where it is allowed.
The Judge was very wrong.
@coffeechat (1961)
• New Zealand
24 Mar 07
Judge Christa declined to "FAST Track" the woman's petion for a divorce. Fast tracking a divorce involves additional costs to the taxpayer.
I think the Judge's decision was correct under the circumstances but the reasons given for the decision unacceptable.
Here are some more facts:
1. Petitioner - a German Citizen of Moroccan descent and Muslim married a Moroccan Citizen.
2. She had a restraining order taken out against the Moroccan when the marriage degenerated and the husband's violence was reported to the Police.
3. She wanted a fast track divorce, waiving the usual 1 year separation required by German law, which the Judge declined.
Requests for fast-tracking Divorce are not uncommon in Germany, and Judges routinely dismiss such requests.
What is unusual and improper on the part of the Judge was to cite the Koranic prescription of wifebeating. I would say the Judge exceeded her brief when she quoted the Koran and justified her decision on the basis that both the plaintiff and defendant were Moroccans. This raises a racist ghost.
Here is an article from the International Herald Tribune - Europe Edition that reinforces my position.
http://www.iht.com/articles/2007/03/22/news/germany.php
@whiteheather39 (24403)
• United States
24 Mar 07
Thank you for reiterating my topic.
1 person likes this
@coffeechat (1961)
• New Zealand
27 Mar 07
I just rang Donna, an African American friend of mine. She's married to Gunther - a German and the family moved to Germany about two years ago. She is fluent in German.
I summarise what she said: " In Germany you need at least a year's separation for divorce to become final and executory. The period may include time spent under the same roof, if both parties confirm that in the presence of a lawyer.
One of the parties may petition the court for a quicker divorce decree under special circumstances, the law being fairly ambiguous as to what constitutes special circumstances. Decisions on "fast tracking" are usually rendered by the Judge, and normally an appeal is not considered.
"Fast tracking" in German circles is jokingly called "Divorce on Demand" and is allowed in very rarely I am told.
@professorxang (201)
• United States
27 Mar 07
that is the standard though. what sillyness they try to claim not true. it is true. how sad for woman. men should no hit women ever!