“The case seems simply too strange to be true. A 26-year-old mother of two wanted to free herself from what had become a miserable and abusive marriage. The police had even been called to their apartment to separate the two — both of Moroccan origin — after her husband got violent in May 2006. The husband was forced to move out, but the terror continued: Even after they separated, the spurned husband threatened to kill his wife.
A quick divorce seemed to be the only solution — the 26-year-old was unwilling to wait the year between separation and divorce mandated by German law. She hoped that as soon as they were no longer married, her husband would leave her alone. Her lawyer, Barbara Becker-Rojczyk agreed and she filed for immediate divorce with a Frankfurt court last October. They both felt that the domestic violence and death threats easily fulfilled the “hardship” criteria necessary for such an accelerated split.
In January, though, a letter arrived from the judge adjudicating the case. The judge rejected the application for a speedy divorce by referring to a passage in the Koran that some have controversially interpreted to mean that a husband can beat his wife. It’s a supposed right which is the subject of intense debate among Muslim scholars and clerics alike.”The exercise of the right to castigate does not fulfill the hardship criteria as defined by Paragraph 1565 (of German federal law),” the daily Frankfurter Rundschau quoted the judge’s letter as saying. It must be taken into account, the judge argued, that both man and wife have Moroccan backgrounds.”
The husband can beat his wife”
“The right to castigate means for me: the husband can beat his wife,” Becker-Rojczyk said, interpreting the judge’s verdict.”
There cannot be two tiers of justice in a democratic liberal society, one set of laws apply for everyone. That this judge is still a judge for the German court is amazing, that the judge who offered the ruling was a woman is as amazing as it is bizarre. More here. *L* KGS