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German Judge cites Qur’an in divorce case — to justify wife-beating

Mar 21, 2007 5:36 pm By Robert Spencer

A new low in European dhimmitude, although I am one hundred percent certain that this judge’s action will in the coming years be widely imitated. “A German Judge Cites Koran in Divorce Case,” by Veit Medick and Anna Reimann in Spiegel Online, with thanks to a tea-loving snail:

He beat her and threatened her with murder. But because husband and wife were both from Morocco, a German divorce court judge saw no cause for alarm. It’s a religion thing, she argued.

The Koran seems to have become the basis for a court decision in Frankfurt.

The case seems simply too strange to be true. A 26-year-old mother of two wanted to free herself from what had become a miserable and abusive marriage. The police had even been called to their apartment to separate the two — both of Moroccan origin — after her husband got violent in May 2006. The husband was forced to move out, but the terror continued: Even after they separated, the spurned husband threatened to kill his wife.

A quick divorce seemed to be the only solution — the 26-year-old was unwilling to wait the year between separation and divorce mandated by German law. She hoped that as soon as they were no longer married, her husband would leave her alone. Her lawyer, Barbara Becker-Rojczyk agreed and she filed for immediate divorce with a Frankfurt court last October. They both felt that the domestic violence and death threats easily fulfilled the “hardship” criteria necessary for such an accelerated split.

In January, though, a letter arrived from the judge adjudicating the case. The judge rejected the application for a speedy divorce by referring to a passage in the Koran that some have controversially interpreted to mean that a husband can beat his wife. It’s a supposed right which is the subject of intense debate among Muslim scholars and clerics alike.”The exercise of the right to castigate does not fulfill the hardship criteria as defined by Paragraph 1565 (of German federal law),” the daily Frankfurter Rundschau quoted the judge’s letter as saying. It must be taken into account, the judge argued, that both man and wife have Moroccan backgrounds.

“The husband can beat his wife”

“The right to castigate means for me: the husband can beat his wife,” Becker-Rojczyk said, interpreting the judge’s verdict.

The article goes on to note that there are people in Germany who are angry about this, and so it may not stand. But it will, eventually, unless there is a drastic change in Europe.

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