Friday, June 07, 2013


Islamic Law's Foothold in German Legal System

GATESTONE INSTITUTE: A growing number of German legal exerts are now sounding the alarm about the rise of a parallel Islamic justice in Germany. "It follows its own rules. The Islamic arbiters aren't interested in evidence when they deliver a judgment, and the question of who is at fault doesn't play much of a role. Islamic conflict resolution, as I've experienced it, is often achieved through violence and threats. It's often a dictate of power on the part of the stronger family." — Joachim Wagner, German legal expert, author.

An appeals court in north[-]western Germany has decided a contentious divorce case based on Islamic Sharia law.

The ruling is the latest in a growing number of court cases in Germany in which judges refer or defer to Islamic law because either the plaintiffs or the defendants are Muslim.

Critics say the cases -- especially those in which German law has taken a back seat to Sharia law -- reflect a dangerous encroachment of Islamic law into the German legal system.

In the latest case, the Appeals Court [Oberlandesgericht] in Hamm, a city in German state of North Rhine-Westphalia, ruled on June 2 that whoever marries according to Islamic law in a Muslim country and later seeks a divorce in Germany must abide by the original terms set forth by Sharia law. » | Soeren Kern | Friday, June 07, 2013