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The German judge who used the Qur'an to make a ruling in a German court will not face any disciplinary action.
"Investigation Dropped Against German 'Koran Judge,'" from Spiegel Online, with thanks to all who sent this in:
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."
That would be 4:34, and the "right to castigate" is a mainstream view.
The German judge who sparked controversy when she denied a speedy divorce to a battered woman because of her Islamic background (more...) will not be disciplined, an investigation has ruled. 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.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. The judge, did, however, put a restraining order on the husband and grant the couple's apartment to the wife.
In a March interview with SPIEGEL ONLINE, Becker-Rojczyk said she and her client were shocked by the ruling, and had decided to go public. Shortly thereafter, politicians began calling for an investigation (more...), and the Frankfurt court removed the judge from the case. A different judge later granted the disputed early divorce.
Despite strong criticism from the German Judges Association (DRB), Hesse Justice Minister Jürgen Banzer authorized an investigation into the judge's behavior. However the investigation found no reason to discipline the judge because she protected the woman with the restraining order, and her Koran reference was actually in a decision to deny legal aid, and not within an official ruling.
Posted by Robert at June 7, 2007 11:36 AM
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"...the Frankfurt judge's ruling did not overstep the acceptable limits of judicial independence."
Apparently, judicial independence in Germany means the judge can make up his own law based on any whim or predisposition. We have a lot of that attitude here in the United States. This attitude is akin to barbarism--arbitrary rule by Mr. Big.
Posted by: Stendec![[TypeKey Profile Page]](http://www.jihadwatch.org/dhimmiwatch/nav-commenters.gif)
at June 7, 2007 12:32 PM
Greetings:
This will be good news for some of our Supreme Court Justices who, in the manner of former Justice O'Connor are becoming increasingly enamored of foreign, especially European, jurisprudence.
Posted by: 11B40 at June 7, 2007 1:00 PM
I recall reading somewhere that this judge was acting in accordance with the German legal system, which allows judges to take into account the legal systems and practices of the immigrants' country of origin. [Sorry I don't have the reference handy!]
Posted by: Khaybar Oasis at June 7, 2007 1:36 PM
...that is the problem appears to be a systematic one and not just the case of one loopy moral/legal relativist judge.
Posted by: Khaybar Oasis at June 7, 2007 1:38 PM
OT, and apologies if this has already appeared at DW.
LGF has a great post on an article in the London 'TimeOut' magazine, which has to be read to be disbelieved. Even by the already degraded, dhimmified, half-Islamic-already standards of the UK, this is quite something else:
http://www.timeout.com/london/features/2993.html?cpage=7&cpage=1&ccat=5
Posted by: Dane at June 7, 2007 1:41 PM
Dane, you BEAT ME TO IT! I was JUST about to post that very same link to the Timeout article.
I will tell you that I left a few comments on their site which I am sure will not see the light of day. LOL.
There is another bit of news form Londonistan.. of a sadder nature.
A '30-yo man of Arabic appearance' slits throat of 12 yo German girl on the London Tube [subway].
I don't have an article in English. According to PI.de the German media have been downplaying this.
Maybe the German judge will find the British system of Justice to be equally magnanymous when it comes to a moslem who is offended by an uncovered German girl.
Hey, Europe is theirs already isn't it after all?
Posted by: Allahfanculo at June 7, 2007 4:05 PM
" but the woman's lawyer believed that her circumstances met the "hardship" classification that allows for a speedier ruling."
...I GUESS, in the judges mind, constant severe beatings do not qualify as a hardship....maybe the judge thought the woman should just grin and bear it...
Posted by: exsgtbrown at June 7, 2007 4:41 PM
(OT)
Allahfanculo,
I found a German-English translator that did a reasonable job on the article (paste it in in less than 1000-character sections).
http://translation2.paralink.com/lowres.asp
If one overlooks some of the strange wording in places, one can get a reasonable idea of what happened.
-In London, a 12-year-old German girl was attacked by surprise and her throat was slit, seemingly for no apparent reason, by a man of "Arabian appearance," who then fled the scene.
-the girl was helped immediately by passers-by and rushed to the hospital and her life was saved. (no further details about her condition)
-the police have captured a 32-year-old suspect (no details given on the suspect)
Posted by: Khaybar Oasis at June 7, 2007 5:07 PM
Thanks for the translation, KO. I do know German but you are enabling the rest of the group to get a better idea why I posted the link.
Pretty disgusting these Mahometans. Could have been a Russian girl, a French girl.. an African girl whatever.
But hey, they do this daily in Africa and South East Asia already.
More mahometans in the West = MORE of this bizzarre violence!
Posted by: Allahfanculo at June 7, 2007 5:52 PM
Oh and by the way.. they threw the book at a German 'Youth Court' judge who said in a newpaper interview that he oreders violent 'youth' offenders held as long as possible pending their trial because he KNOW they'll never see the inside of a jail unless he does this.
He mentioned this to illustrate how badly the Erman justice system is in need of an overhaul to protect society.
The "justice" minister of Berlin - who is an old '68 activist - is throwing the full force of everything she has at her disposal at this lone brave soul who actually tries to make a difference.
Posted by: Allahfanculo at June 7, 2007 5:55 PM
The judiciary in Germany has never been held accountable for being accessories and facilitators to Hitlers Nazi-schweinerei.
Today's judges still benefit from this holier than thou attitude, which elevates judges so far over ordinary mortals that they are -almost never- held accountable. The female judge (who was named at the time) but can no longer be named 'for legal reasons' is protected by a self-serving system that makes sure it takes care of its own.
Not so different in Australia by the way...
Posted by: sheik yer'mami at June 7, 2007 7:44 PM
...that is the problem appears to be a systematic one and not just the case of one loopy moral/legal relativist judge.
Posted by: Khaybar Oasis
Yes, the problem is indeed systemic. Not only in Germany, but all over the West.
Somehow the writers/architects of all our constitutions exercised undue faith in the "judiciary".
Like they thought that all of our judges would be latter-day Solomons for some reason. The power of the unelected juduciary is turning out to be our common Achilles' heel.
The Left have always realized the Power that the Third Branch possesses and they have very effectively targeted it for subversion ever since the dust cleared after World War II.
Since they knew they could never win a majority among Free Voters they knew they had to target the Judiciary if they wanted to exercise unimpeachable power over the "unenlightened" electorates of the West.
It has become painfully evident by now that our Judiciaries have become the misguided multikulti "Steigbügelhalter", ie. enablers, of militant islam.
Democracy can only survive if We the People find a truly democratic way to hold our judiciaries accountable to our will and to our constitutions which are supposed to guarantee our "inalienable rights".
I do not claim to know the answer to this conundrum. I merely identify it as the Achilles' Heel which most ails us.
However, if we and our Societies - and the democratic rights and Law they are based on - are to survive the onslaught of those who seek to destroy them, we MUST find some way of controlling the absolute powers of this unelected and therefore unaccountable Body Politic which is our Judiciary.
I am not a legal scholar and thus I have no immediate solution for this predicament our Societies find themselves in. But I ask that YOU all think about this and maybe someone will come up with an answer.
Our Judiciary is not filled of Solomons and there must be some way that it is made answerable to the People.
We, the People, are whom they are to serve.. just as the Legislative and the Executive are meant to be.
We can no longer afford the luxury of unelected people interpreting Law in a vacuum. That is if we intend to continue our Laws to continue to be paramount in governing the very Societies we all live in.
The problem we read about today is sadly not limited to Germany - not the most democratic Nation ever known - but it is endemic to all our Western Nations.
The case we are discussing today is but an illustration of "Judges-gone-wild".
We must find a way to hold all branches of democracy accountable to the common sense of our systems of self-governance. The Legislative by the way, is not entirely free of blame here.. Far from it. Just see the recent 'amnesty bill' here in the USA. That, too is but one recent example of usurpation of the common will of "We, the People".
Democray can and MUST survive. If it is meant to we MUST hold all our branches of government accountable to our collective will.
Posted by: Allahfanculo at June 8, 2007 12:05 AM
Not sure what "legal" reasons exist for SPIEGEL ONLINE not naming the "Judge", unless she can sue for exposing her ineptitude, so here is is :
Judge (and I use the term loosely) Christa Datz-Winter
Posted by: vbened at June 8, 2007 4:08 AM
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