From Spiegel Online:
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.
In an interview with SPIEGEL ONLINE, Becker-Rojczyk said the judge indicated to her that it makes no sense to insist on an accelerated divorce. The judge's advice? Wait for the year-long waiting period to elapse.
Yet another proof of Western madness and multiculturalism. I totally agree with this:
The deputy floor leader for the Christian Democrats, Wolfgang Bosbach, agreed. "This is a sad example of how the conception of the law from another legal and cultural environment is taken as the basis for our own notion of law," he said on Wednesday.
Hmmm, realize that the Western judge is not even considering that public order laws are applied to every human being in the territory where he is judging? And what is more a "public order law" than the obligation of defending someone who is BEATEN by his/her partner?
En Alemania un juez ha citado el Corán para justificar la violencia dentro del matrimonio.
Una mujer había sido agredida repetidamente por su marido. La última vez la policía les había tenido que separar. La mujer había pedido que le concedieran el divorcio por la vía rápida. El juez ha señalado que "el ejercicio del derecho a castigar a la mujer no responde a ninguna de las causas establecidas en el Parágrafo 1565 (del Código Civil alemán)". El juez ha basado la aplicación de ese derecho en el origen marroquí de ambos cónyuges.
Ejem, creo que necesita pocos comentarios.
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