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Thursday, March 22, 2007

More Bad News From Germany

Germany Cites Koran in Rejecting Divorce

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.

What's far less frightening than the fact that the German judge rejected the woman's divorce, were two problems, the second perhaps less obvious. First, it is shameful that Germany has allowed Islamofacists to take control of their country to the degree that they can actually insert their own religion into Germany's jurisprudence. Second, and what may have a wider impact, is that the German court applied subjectivist, cultural-relativist reasoning in making the decision, citing the "Moroccan cultural milieu." This method of thinking entirely undermines the rule of law; what is just for one person is not just for another, all depending upon what "culture" or whatever other criteria the judge believes the defendant to have. Laws prohibiting some activity may not apply to Muslims, may apply little to atheists, or may apply perhaps even more so against Christians. Once the equal standard of justice has been removed, there is little or no restraining force against the unelected judiciary.

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