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German judge invokes Qur'an to deny abused wife a divorce [more details]
The Guardian ^ | Friday March 23, 2007 | Kate Connolly

Posted on 03/23/2007 4:12:55 AM PDT by Northern Alliance

A German judge who refused a Moroccan woman a fast-track divorce on the grounds that domestic violence was acceptable according to the Qur'an has been removed from the case following a nationwide outcry.

The judge, Christa Datz-Winter, said the German woman of Moroccan descent would not be granted a divorce because she and her husband 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," according to a statement she wrote that was issued by a Frankfurt court. "That's what the claimant had to reckon with when she married the defendant."

The 26-year-old mother of two had been repeatedly beaten and threatened with death by her husband.

When the woman protested against the judge's decision, Ms Datz-Winter invoked the Qur'an to support her argument. In the court she read from verse 34 of Sura four of the Qur'an, An-Nisa (Women), in which men are told to hit their wives as a final stage in dealing with disobedience. The verse reads: "... as to those on whose part you fear desertion, admonish them and leave them alone in the sleeping places and beat them".

The woman's lawyer, Barbara Becker-Rojczyk, protested, saying: "When Christians are arguing for a divorce they don't use the Bible."

(Excerpt) Read more at guardian.co.uk ...


TOPICS: Culture/Society
KEYWORDS: dhimmitude; eurabia; islam; women
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Italics are mine. This is absolutely bizarre - quoting that section of the Koran as justification is even more bizarre than her actual judgment. This is like a judge saying "well, you married a guy with a record of beating his wife, so just live with it." I wish I could find a picture of this person.
1 posted on 03/23/2007 4:12:57 AM PDT by Northern Alliance
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To: Northern Alliance
And now that the precedent is set in foreign law, it can become part of the US Constitution ... isn't that the position of some of the Supremes? /disgust
2 posted on 03/23/2007 4:16:15 AM PDT by NonValueAdded (Prevent Glo-Ball Warming ... turn out the sun when not in use)
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To: Northern Alliance

Jihad is acceptable too then.


3 posted on 03/23/2007 4:16:35 AM PDT by Always Right
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To: Northern Alliance

What is with these people? Is it because Radical Islam so closely resembles the practices and precepts of the Nazis?


4 posted on 03/23/2007 4:17:12 AM PDT by David Isaac (Duncan Hunter '08)
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To: Northern Alliance

Sounds like many Clinton appointed judges over here.


5 posted on 03/23/2007 4:18:29 AM PDT by Joe Boucher (an enemy of islam)
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To: Atlantic Bridge

So what was that you were saying about your country not giving a rat's patootie about the practices of religious minorities and other sweet BS you were spouting about the "rights" that everyone in Germany has to certain things?

Your nation's double standards are showing my friend. Or you are simply on a faster track than I thought to a Sharia Germany where not only homeschooling is outlawed, but also beer and bratwurst that has any pork in it...


6 posted on 03/23/2007 4:28:00 AM PDT by L,TOWM (Liberals, The Other White Meat [This is some nasty...])
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To: Northern Alliance

Whats a little wife beating among friends.


7 posted on 03/23/2007 4:28:12 AM PDT by sgtbono2002 (I will forgive Jane Fonda, when the Jews forgive Hitler.)
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To: L,TOWM
Deutschland Erwache!
8 posted on 03/23/2007 4:42:58 AM PDT by CatoRenasci (Ceterum Censeo Arabiam Esse Delendam -- Forsan et haec olim meminisse iuvabit)
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To: Northern Alliance

This is not directly related to the story, but can someone answer this:

If judge Christa Datz-Winter's son marries the woman's lawyer, Barbara Becker-Rojczyk's daugther, will the daughter take the name.................... Becker-Rojczyk-Datz-Winter?


9 posted on 03/23/2007 4:47:07 AM PDT by Balding_Eagle (If America falls, darkness will cover the face of the earth for a thousand years.)
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To: Northern Alliance

And a woman judge to boot!


10 posted on 03/23/2007 4:48:28 AM PDT by caver (Yes, I did crawl out of a hole in the ground.)
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To: Northern Alliance
Here's more detail in a (surprisingly) balanced piece in the New York Times:

In a statement defending her ruling, Judge Datz-Winter noted that she had ordered the man to move out and put a restraining order on him. But she also cited the verse in the Koran that speaks of a husband’s prerogatives in disciplining his wife. And she suggested that the wife’s Western lifestyle would give her husband grounds to claim his honor had been compromised.

The woman, her lawyer said, does not wear a headscarf. She has been a German citizen for eight years.

Judge Datz-Winter declined to comment. But a spokesman for the court, Bernhard Olp, said she did not intend to suggest that violence in a marriage is acceptable or that the Koran supersedes German law. “The ruling is not justifiable, but the judge herself cannot explain it at this moment,” he said.

Judge Datz-Winter herself narrowly avoided injury 10 years ago in a case involving a man and woman whose relationship had come apart. When the man shot up her courtroom, the judge escaped by diving under her desk.

German papers have suggested that that ordeal may have affected her judgment in this case, which the spokesman denied.

<snip>

For some, the greatest damage done by this episode is to other Muslim women suffering from domestic abuse. Many are already afraid of going to court against their spouses. There have been a string of so-called honor killings here, in which Turkish Muslim men have murdered women.

“For Muslim men, this is like putting oil on a fire, that a German judge thinks it is O.K. for them to hit their wives,” said Michaela Sulaika Kaiser, the head of a group that counsels Muslim women.

 


11 posted on 03/23/2007 4:50:19 AM PDT by browardchad
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To: Northern Alliance

and the cry from the feminists is less than nothing.


12 posted on 03/23/2007 4:54:12 AM PDT by cdcdawg
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To: Balding_Eagle

Datz-Winter's children may or may not carry the hyphenated name, depending on whether it's an old hyphenation (e.g. von Petersdorff-Campen which is several hundred years old and in the Gotha Almanac) protected under the Namengesetz or one of new fashion. And, such child's marriage to Becker-Rojeczyk (almost certainly not an old hyphenation) could lend itself to various forms.


13 posted on 03/23/2007 4:55:39 AM PDT by CatoRenasci (Ceterum Censeo Arabiam Esse Delendam -- Forsan et haec olim meminisse iuvabit)
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To: CatoRenasci
"Deutschland Erwache!"..................If this sh*t keeps up the way it is, it may well be heard again. The 1936 Nuremburg Laws may come back with revisions to suit the times. All they need is a dynamic leader, a political genius and off they'll go again.
14 posted on 03/23/2007 5:01:28 AM PDT by Bringbackthedraft
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To: Northern Alliance

Another idiot who wants to destroy the civilization that gave us such a good life and replace it with savage barbarism.


15 posted on 03/23/2007 5:04:44 AM PDT by Leftism is Mentally Deranged
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To: Bringbackthedraft
Glad to see someone noticed. It's ironic isn't it, instead of a phony threat from the ewige Jude, Germany faces a real threat from the ewige Musselman and is so determined not to repeat its last set of mistakes, it will not awaken in time.
16 posted on 03/23/2007 5:11:42 AM PDT by CatoRenasci (Ceterum Censeo Arabiam Esse Delendam -- Forsan et haec olim meminisse iuvabit)
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To: Northern Alliance
This judge's ruling was handed down in January, but the lawyer didn't go public with it until the appeal was denied. I'm sure the woman involved would have rather remained anonymous.

It makes you wonder how many other such rulings this judge has made (where the woman in question feared to go public), and why it is that she's so familiar, and in obvious sympathy, with Islamic law and teachings.

17 posted on 03/23/2007 5:14:38 AM PDT by browardchad
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To: Northern Alliance

It is nice to finally see a story like this get attention. This is at least the 4th citation I've seen.


18 posted on 03/23/2007 5:18:38 AM PDT by montag813
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To: Northern Alliance

Must be a Clinton appointee.


19 posted on 03/23/2007 5:21:36 AM PDT by Beckwith (dhimmicrats and the liberal media have chosen sides -- Islamofascism)
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To: Beckwith
Must be a Clinton appointee.

Her ruling was " Put some ice on it ! "

20 posted on 03/23/2007 5:43:25 AM PDT by csvset
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