I think Germany need an Islamic Court.

[Mohsin]

German judge invokes Qur'an to deny abused wife a divorce​

· National outcry at use of sharia law in civil court
· Husband beat woman and made death threats

Kate Connolly in Berlin
Friday March 23, 2007
The Guardian

A German judge who refused a Moroccan woman a fast-track divorce on the grounds that domestic violence was acceptable according to the Qur'an has been removed from the case following a nationwide outcry.
The judge, Christa Datz-Winter, said the German woman of Moroccan descent would not be granted a divorce because she and her husband 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 a statement she wrote that was issued by a Frankfurt court. "That's what the claimant had to reckon with when she married the defendant."

The 26-year-old mother of two had been repeatedly beaten and threatened with death by her husband.

When the woman protested against the judge's decision, Ms Datz-Winter invoked the Qur'an to support her argument. In the court she read from verse 34 of Sura four of the Qur'an, An-Nisa (Women), in which men are told to hit their wives as a final stage in dealing with disobedience. The verse reads: "... as to those on whose part you fear desertion, admonish them and leave them alone in the sleeping places and beat them".

The woman's lawyer, Barbara Becker-Rojczyk, protested, saying: "When Christians are arguing for a divorce they don't use the Bible."
Commentators, politicians and Muslim leaders criticised the judge's decision, saying that choosing sharia above civil law was a threat to jurisprudence. Wolfgang Bosbach, of the Christian Democratic Union, said: "One thing must be clear: in Germany only German law applies."

Irmingard Schewe-Gerigk, w05;omen's affairs spokeswoman for the Greens, agreed, saying: "This decision is in conflict with the basic law."

The woman applied for divorce before the statutory one-year separation after receiving death threats from her husband. Fast-track divorces can be granted under German law if it is deemed the woman is suffering hardship as a result of marital breakdown. Her husband continued to threaten her despite a restraining order.

Christa Stolle, of the women's rights organisation Terre des Femmes, called the decision "scandalous". She said: "In a democratic country like Germany religious law cannot be drawn on to justify abuse".

The leftwing Tageszeitung ran a headline on its front page "In the name of the people: beating allowed" above the relevant passage from the Qur'an, while the tabloid Bild led its front page with: "Where are we living?".

Germany's Central Council of Muslims was quick to criticise the ruling. In a statement, it said: "Violence and abuse of people are of course naturally reasons to warrant a divorce in Islam as well."

Another judge has already been appointed to the case.

http://www.guardian.co.uk/germany/article/0,,2040982,00.html

 

[Matouf]

The opposite. This incident is another proof for that religion better should not be mixed up with law. This happened in Germany. A democratic country with the requirement to treat it's citizen, no matter which race, gender or religion, equally.

In jurisprudence in Germany, cultural and religious backgrounds can have some effects, though (just to clarify again, I am oppose to this). For example, religion/cultural backgrounds can be considered in mitigation when it comes to judge the motive of someones acting. Hence, cultural and religious aspects in German jurisprudence solely can be considered in favour of the perpetrator. Not for the victim.

As much as I know about that particular case here, the judge didn't see any acute danger for the wife as she already lived seperated with her children from the husband. This judge seemed to have been eager to show tolerance and multicultural understanding towards their "Moroccan cultural environment in which it is not uncommon for a man to exert a right of corporal punishment over his wife".

I am glad and relieved, that the German jurisprudence was able to correct this wrong decision immediately.

 

[sazk]

another day, another attack against islam and muslims

for every attack, may Allah turn a 100 souls towards the truth. aameen

 

[khangul]

:salam2:
we live in north america, my husband is driving taxi for a company.
he told me that almost every day i pick a beaten women with swollen
face and drop em to a shelter (houses for homeless people).and most of them have kids .he says:when says i never asked anyone what happened to you but some of them tell me their stories that we are beaten by our husband or boyfriend).i am wondering why they cannt look around their own
culture and society.may ALLAH give us hidaya ameen
(my brothrs and sisters i know that my english is not good
but i love this web site so forgive me if i do any mistake anytime

 

[farhopes]

salam

But I would think very carefully about that last option, a religion whose practioners behave badly and then demand that their behavior be kept out of the press does not originate from God, or any other benign source.

It is very irrational and of mere prejudice to take one incident by someone who does not practise Islam or apply its pure teachings in his real life, and then generalize his non Islamic attitudes towards his wife to the all practioners of Islam. Then, very simply build your verdict that Islam can not be originated from God or any other benign source.

If you really want to examine the divine source of Islam, then be courageous enough to read the LAWS of Islam in its source which is the Noble Qur'an.

Those who are true practioners of Islam never dare to abuse their wives while reading the last will of the prophet of Islam in which he enjoined the whole Muslim men to be good to their wives.

Those who are true practioners of Islam never dare to abuse their wives while having Allah strongly warning them in the Qur'an to do injustice to their wives.

Islam is the only religion that gave women rights they could never had under any authority whether secular or religious it is.

Only under the shade of Islam, women could have the right to have their own financial liability that is apart from their husbands'. They were also given the right( as an Islamic law) to inherit their parents, relatives, children and husbands' property.

Islam obligated the husband to completely support his wife financially even if she is very rich and prohibited him to touch her money unless she gives him permission.

The Muslim woman can very easily ask to be separated from her husband if she did not like going on with him.

She has the right to ask for divorce if her husband turned his back to her in bed and she felt hurt by that!!!! Which law on the whole Earth other than Islam gave those rights to women???

Women only began to achieve their dignity, modesty and honour when the light of Islam overwhelmed the Earth.

 

[Zafran]

salaam

this is a joke

would this Judge invoke the bible if a women was raped and use the old testemnet rape law

or if a women was forced to shave her head beacsue she didnt cover her head - would she over ride the law with the biblical law - i think not.

she isnt even a scholar or a Qadi to even implement Islamic law.

what a joke!!!

peace

 

[daywalker]

But I would think very carefully about that last option, a religion whose practioners behave badly and then demand that their behavior be kept out of the press does not originate from God, or any other benign source.

through such comments people wanna come in the headlines of the newspaper , by title "clown of the day"

was a nice try.