German judge denounced for citing Qur'an in divorce ruling
Last Updated: Friday, March 23, 2007 | 1:06 PM ET
CBC News
Politicians and Muslim leaders condemned a German judge Thursday for citing the Qur'an in her rejection of a Muslim woman's request for a quick divorce on grounds she was abused by her husband.
Judge Christa Datz-Winter said in a recommendation earlier this year both partners came from a "Moroccan cultural environment in which it is not uncommon for a man to exert a right of corporal punishment over his wife."
The woman is a German of Moroccan descent married to a Moroccan citizen.
The judge argued her case was not one of exceptional hardship in which fast-track divorce proceedings would be justified. When the woman protested, Datz-Winter cited a passage from the Qur'an to back up her argument that reads in part: "Men are in charge of women."
The judge was removed from the case and the Frankfurt administrative court said it is considering disciplinary measures against her.
Court vice-president Bernhard Olp said Thursday the judge "regrets that the impression arose that she approves of violence in marriage."
Olp said the judge was convinced she was doing everything she could to protect the woman, who had been granted a restraining order against her husband. She had seen no reason to grant help in paying court costs for a fast-track divorce.
Olp said her reasoning was unacceptable but insisted it was a "one-time event" that would not have an effect on other cases, or on the final ruling in the divorce proceedings.
Justice Minister Brigitte Zypries condemned the judge's decision.
"Every so often, there are individual rulings that seem completely incomprehensible," she said.
Legislators from Chancellor Angela Merkel's Christian Democrats said traditional Islamic law, or Shariah, has no place in Germany.
"The legal and moral concepts of Shariah have nothing to do with German jurisprudence," Wolfgang Bosbach, a legislator with the Christian Democrats, told N24 television.
"One thing must be clear: in Germany, only German law applies. Period."
Ronald Pofalla, the party's general secretary, told Bild newspaper: "When the Qur'an is put above the German constitution, I can only say, 'Goodnight, Germany.'"
Representatives of Germany's Muslim population were also critical of the ruling.
"Violence and abuse of people — whether against men or women — are, of course, naturally reasons to warrant a divorce in Islam, as well," the country's Central Council of Muslims said in a statement.
The mass-circulation Bild asked in a front-page article: "Where are we living?"
The left-leaning Tageszeitung headlined its Thursday edition: "In the name of the people: beating allowed."
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