Thanks to Mullah/The Local
A leading law professor has contradicted Chancellor Angela Merkel’s statement that Sharia law was not practiced in Germany, saying a variety of Sharia-based rulings were being made all the time.
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“We have been practising Islamic law for years, and that is a good thing,” Hilmar KrÃ¼ger, professor for foreign private law at Cologne University, toldÂ Der Spiegelmagazine.
Family and inheritance rulings were often made according to Sharia law, he said, listing a range of examples.
Women who are in polygamous marriages legal in their countries of origin can make claims of their husbands in Germany regardless of the fact that their marriages would not be lawful here. They can claim maintenance from their husbands and a share of an eventual inheritance, said KrÃ¼ger.
German judges often refer to Sharia, as the Federal Social Court in Kassel did a few years ago when it supported the claim of a second wife for a share of her dead husband’s pension payments, which his first wife wanted to keep all to herself. The judge ruled they should share the pension.
In another case, the Administrative Appeals Court in Koblenz granted the second wife of an Iraqi living in Germany, the right to stay in the country. She had already been married to him and living in Germany for five years, after which the court said it would not be fair to send her to Iraq alone.
A judge in Cologne ruled that an Iranian man should repay his wife’s dowry of 600 gold coins to her after their divorce â€“ referring to the Sharia which is followed in Iran.
Erlangen lawyer and Islam scholar Mathias Rohe told the magazine that the use of laws from various countries was an expression of globalisation. “We use Islamic law just as we use French law,” he said.
While Canada, for example, does not recognise any foreign laws, the German legal structure allows some to be upheld â€“ as long as they do not contradict the constitution.
I would be really curious how and when the sharia does not contradict the constitution. Here’s one case from 2007 that made world news when a German judge tried to rule by Islamic law:
A recent ruling in Germany by a judge who cited the Koran underscores the dilemma the country faces in reconciling Western values with a growing immigrant population. A disturbing number of rulings are helping to create a parallel Muslim world in Germany that is welcoming to Islamic fundamentalists.
She didn’t know it, nor did she even expect it. She had good intentions. Perhaps it was a mistake. In fact, it was most certainly a mistake. The best thing to do would be to wipe the slate clean.
Last week, in the middle of the storm, Christa Datz-Winter, a judge on Frankfurt’s family court, was speechless. But Bernhard Olp, a spokesman for the city’s municipal court, was quick to jump in. Olp reported that the judge had been under emotional stress stemming from a murder that had been committed in her office 10 years ago, and that she was now planning to take a break to recuperate. He also mentioned that she was “outraged” — not about herself or her scandalous ruling, but over the reactions the case has triggered.