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translated this from the following link:
www.spiegel.de/politik/deutschland/0,1518,472849,00.html
Keep in mind that the judge in question is a WOMAN.
GERMAN JUDGE EXCUSES SPOUSAL VIOLENCE WITH QURAN
He beat her, he threatened to kill her: A German woman from Marocco wanted a divorce from her husband as soon as possible. A judge denied her request. Her reason: Physical chastisement is called for in the Quran.
Hamburg - The case sounds too odd to be true: A 26 year old mother of two little children wanted to throw off the bonds of her marriage. There is no doubt that her husband, who is also from Morocco, beat her as police have determined in May of 2006, when an argument turned violent in their apartment. The man had to move out, but the terror continued: After the separation the husband threatened to kill the young mother.
A quick divorce seemed to be the only answer - the 26 year old didn't want to wait the one year separation period mandated by law. If she weren't married anymore, her husband may leave her alone hoped the 26 year old. Together with her attorney Barbara Becker-Rojczyk she petitioned the Frankfurt court for a divorce last year. Physical violence and death threats seemed to present a hardship case - the only reason for a premature divorce - the attorney was sure.
In January, the letter of the presiding judge arrived. And with this letter, the scandal was made perfect: Using the Quran as a guideline, the judge denied the request for an early divorce. "The use of physical chastisement is not an undue hardship according to paragraph 1565 of the BGB (Bundesgesetzbuch, German law)" quoted the "Frankfurter Rundschau" out of the judge's decree. One had to consider that both husband and wife came out of Moroccan cultural circles.
To be clear: Since the Quran allows men to beat their wives, a german judge denies a petition for an early divorce of a woman being beaten by her husband. "Physical chastisement, that means to me: The man is allowed to beat (the woman)," interprets attorney Becker-Rojczyk the explanation of the judge.
The judge made it clear that continuing with the petition was useless according to that reasoning, Becker-Rojczyk told SPIEGEL ONLINE. Her client should simply wait until the one year waiting period had elapsed.
Together with her client, Becker-Rojczyk petitioned the court again, doubting that the judge could render an objective verdict. In response, she received a formal response from the judge, quoting a specific Sura out of the Quran, which determines the man's honor to have been damaged when his wife behaves in an unchaste manner. "It appears that the judge considers it unchaste when my client attempts to conform to the lifestyle of the West," according to Becker-Rojczyk.
That the judge is still on the bench surprises her. The verdict had been rendered several weeks ago already. Nothing has happened - Becker-Rojczyk contacted the press to bring attention to the case. The Frankfurt court was not available this evening for comment.
Christa Stolle, business administrator of the women's rights organization Terre des Femmes is outraged by the explanation given by the judge: "It is unbelievable that a judge in Germany uses the Quran to render a verdict," she told SPIEGEL ONLINE. She is requesting disciplinary measures. The explanation of the judge is a ominous signal for all women, who are trying to free themselves from violent marriages. "To deny a divorce request with a reference to the Quran is beyond good and evil."
Using cultural background as an argument in German courts is not an isolated incident. "In the area of spousal crimes, mitigating circumstances have been brought to bear based on the traditional background of the abuser." There have been cases of "honor killings", which have been punished as other than normal murders, says Stolle. In the meantime, this way of thinking has changed. "I hope that the Frankfurt case remains an isolated incident."
A verdict, if the terrorized woman will be divorced before the end of one year has not been reached. The family judge responsible, Michael Höhler, will have to render a decision.
Attorney Becker-Rojczyk is telling her client not to get her hopes up. She doesn't expect that there will be a negotiation before the year elapses in mid May. In her experience, several cases were drawn out so as to let the year elapse without taking further steps. When a dissenting opinion is given, the beaurocratic path is even longer, says Becker-Rojczyk.
www.spiegel.de/politik/deutschland/0,1518,472849,00.html
Keep in mind that the judge in question is a WOMAN.
GERMAN JUDGE EXCUSES SPOUSAL VIOLENCE WITH QURAN
He beat her, he threatened to kill her: A German woman from Marocco wanted a divorce from her husband as soon as possible. A judge denied her request. Her reason: Physical chastisement is called for in the Quran.
Hamburg - The case sounds too odd to be true: A 26 year old mother of two little children wanted to throw off the bonds of her marriage. There is no doubt that her husband, who is also from Morocco, beat her as police have determined in May of 2006, when an argument turned violent in their apartment. The man had to move out, but the terror continued: After the separation the husband threatened to kill the young mother.
A quick divorce seemed to be the only answer - the 26 year old didn't want to wait the one year separation period mandated by law. If she weren't married anymore, her husband may leave her alone hoped the 26 year old. Together with her attorney Barbara Becker-Rojczyk she petitioned the Frankfurt court for a divorce last year. Physical violence and death threats seemed to present a hardship case - the only reason for a premature divorce - the attorney was sure.
In January, the letter of the presiding judge arrived. And with this letter, the scandal was made perfect: Using the Quran as a guideline, the judge denied the request for an early divorce. "The use of physical chastisement is not an undue hardship according to paragraph 1565 of the BGB (Bundesgesetzbuch, German law)" quoted the "Frankfurter Rundschau" out of the judge's decree. One had to consider that both husband and wife came out of Moroccan cultural circles.
To be clear: Since the Quran allows men to beat their wives, a german judge denies a petition for an early divorce of a woman being beaten by her husband. "Physical chastisement, that means to me: The man is allowed to beat (the woman)," interprets attorney Becker-Rojczyk the explanation of the judge.
The judge made it clear that continuing with the petition was useless according to that reasoning, Becker-Rojczyk told SPIEGEL ONLINE. Her client should simply wait until the one year waiting period had elapsed.
Together with her client, Becker-Rojczyk petitioned the court again, doubting that the judge could render an objective verdict. In response, she received a formal response from the judge, quoting a specific Sura out of the Quran, which determines the man's honor to have been damaged when his wife behaves in an unchaste manner. "It appears that the judge considers it unchaste when my client attempts to conform to the lifestyle of the West," according to Becker-Rojczyk.
That the judge is still on the bench surprises her. The verdict had been rendered several weeks ago already. Nothing has happened - Becker-Rojczyk contacted the press to bring attention to the case. The Frankfurt court was not available this evening for comment.
Christa Stolle, business administrator of the women's rights organization Terre des Femmes is outraged by the explanation given by the judge: "It is unbelievable that a judge in Germany uses the Quran to render a verdict," she told SPIEGEL ONLINE. She is requesting disciplinary measures. The explanation of the judge is a ominous signal for all women, who are trying to free themselves from violent marriages. "To deny a divorce request with a reference to the Quran is beyond good and evil."
Using cultural background as an argument in German courts is not an isolated incident. "In the area of spousal crimes, mitigating circumstances have been brought to bear based on the traditional background of the abuser." There have been cases of "honor killings", which have been punished as other than normal murders, says Stolle. In the meantime, this way of thinking has changed. "I hope that the Frankfurt case remains an isolated incident."
A verdict, if the terrorized woman will be divorced before the end of one year has not been reached. The family judge responsible, Michael Höhler, will have to render a decision.
Attorney Becker-Rojczyk is telling her client not to get her hopes up. She doesn't expect that there will be a negotiation before the year elapses in mid May. In her experience, several cases were drawn out so as to let the year elapse without taking further steps. When a dissenting opinion is given, the beaurocratic path is even longer, says Becker-Rojczyk.
