(no subject)

[asterroc]

Thanks to galbinus_caeli for the head's up, a German Islamic woman separated from her husband after he beat her. He then threatened to kill her with a knife, and she is sueing for a speedy divorce (less than 1 year of separation). The judge turned down the speedy divorce request saying that since they are of Morroccan Muslim origin, and the Koran states that a husband may discipline his wife as he sees fit, therefore beatings and death threats do NOT qualify as the "hardship" required for a speedy divorce under German Law.

I'm particularly interested to see what sammka and q10 have to say - you both always have interesting insights into how law and culture intersect.

Comments

[allandaros.livejournal.com]

The judge is full of it.

"If a man kills a believer intentionally his recompense is Hell to abide therein: and the wrath and the curse of Allah are upon him and a dreadful penalty is prepared for him." - Sura 4, Verse 93

"If a wife fears cruelty or desertion on her husband's part there is no blame on them if they arrange an amicable settlement between themselves (divorce)" - Sura 4, Verse 128

"And among His Signs is this that He created for you mates from among yourselves that ye may dwell in tranquility with them and He has put love and mercy between your (hearts); verily in that are Signs for those who reflect." - Sura 30, Verse 21

[best-ken-ever.livejournal.com]

Good comments, but I believe you might've forgotten to add the "Sh" in The judge is full of __it. (:

[zandperl.livejournal.com]

Well, as far as I can tell the judge isn't denying her the right to a divorce, but to a speedy divorce. She's not saying the husband has unlimited right to beat or kill her, just that it's not unheard of. The example I came up with before is that of former astronaut Lisa Nowak. Since she was a threat, the judge put her bail at $10,000, but he didn't feel she was enough of a threat to set no bail whatsoever. It's just squabbling over the terms of his guilt, not whether he is.

[allandaros.livejournal.com]

But the judge's justification for denying the speedy divorce is patently wrong. It's bringing Islam into the proceedings in a completely ludicrous way, resulting in:
a) the woman undergoing MORE hardship
b) Islam is getting more association with ridiculous misogynistic crap

The judge's ruling makes no sense based on the legal codes of Germany, either.

[sammka.livejournal.com]

I'm totally unfamiliar with German law - are you familiar with their legal codes? Could you elaborate?

It DEFINITELY would make no sense if this were an Anglo-American decision.