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22 March 2007 @ 02:53 pm
crazy german judge?  
excerpt from new york times article:

FRANKFURT, March 22 — A German judge has stirred a storm of protest here by citing the Koran in turning down a German Muslim woman’s request for a fast-track divorce on the ground that her husband beat her.

In a remarkable ruling that underlines the tension between Muslim customs and European laws, the judge, Christa Datz-Winter, said that the couple came from a Moroccan cultural milieu, in which she said it was common for husbands to beat their wives. The Koran, she wrote, sanctions such physical abuse.

News of the ruling brought swift and sharp condemnation from politicians, legal experts, and Muslim leaders in Germany, many of whom said they were confounded that a German judge would put 7th-century Islamic religious teaching ahead of modern German law in deciding a case involving domestic violence.

on second thought.... i think this judge might be totally brilliant. if she is engineering this ruling to make a point. then she's my hero. imagine how the ruling on this case sets a total precedent for other issues concerning future secular/religious cases....
al-xrefresch on March 22nd, 2007 11:25 pm (UTC)

this is nothing but americanisation.

i remember reading in canada many haitians have been given lesser sentences under the law for conjugal rapes as such behaviour was considered traditional. (some examples: http://www.jidv.com/BILGE-S-JIDV2005_10.htm)

it seems to me that a necessary consequence of diversity is also diversification of applicable law. all equal under the law is a modern concept. diversity of applicable law was used in roman times. why should it be a bad thing?

projustitia is also following this fascinating affair.

norabolshevik on March 23rd, 2007 12:20 am (UTC)
canada is so fucking cold their brains froze a long time ago. and i completely disagree with you on diversification of law. we are talking about fundamental human rights and the abuse of those human rights as legitimized by countries who supposedly champion international human rights in international courts and treaties at home and abroad. also, in rome they fed prisoners to wild beasts amongst other things so i dont see them as an ideal humane model. but youre just playing devil's advocate.
al-xrefresch on March 23rd, 2007 12:35 am (UTC)
i agree it's all bullshit.

when do you cease to deserve rights when you can't maintain and understand them anymore though. or don't bother anymore.

i am concerned.

The Life of Timesdisreprivalize on March 23rd, 2007 01:48 am (UTC)
This is yet another reason for me to start my own religion. and make millions!