Tag Archives: Sharia Law

Germany: New Law Banning Child Marriage Declared Unconstitutional, by Soeren Kern

Slowly but surely, sharia law is worming its way into the fabric of European law. From Soeren Kern at gatestoneinstitute.org:

  • The ruling, which effectively opens the door to legalizing Sharia-based child marriages in Germany, is one of a growing number of instances in which German courts are — wittingly or unwittingly — promoting the establishment of a parallel Islamic legal system in the country.
  • “Germany cannot, on the one hand, be against child marriages internationally, and on the other hand, be for such marriages in our own country. The best interests of the child cannot be compromised in this case. (…) This is about the constitutionally established protection of children and minors!” — Winfried Bausback, Bavarian lawmaker who helped draft the law against child marriage.
  • “We should consider one more thing: judgments are made ‘in the name of the people.’ This people has clearly expressed through its representatives in the Bundestag that it no longer wants to recognize child marriage.” — Commentator Andreas von Delhaes-Guenther.
The Federal Court of Justice (Bundesgerichtshof), Germany’s highest court, has ruled that a new law that bans child marriage may be unconstitutional because all marriages, including Sharia-based child marriages, are protected by Germany’s Basic Law. Pictured: The Bundesgerichtshofbuilding in Karlsruhe, Germany. (Image source: Andreas Praefcke/Wikimedia Commons)

The Federal Court of Justice (Bundesgerichtshof, BGH), Germany’s highest court of civil and criminal jurisdiction, has ruled that a new law that bans child marriage may be unconstitutional because all marriages, including Sharia-based child marriages, are protected by Germany’s Basic Law (Grundgesetz).

Continue reading

European Human Rights Court Backs Sharia Blasphemy Law, by Soeren Kern

Has Europe supplanted its free speech traditions with Islam’s Sharia blashphemy law? From Soeren Kern at gatestoneinstitute.org:

  • The European Court of Human Rights — which has jurisdiction over 47 European countries, and whose rulings are legally binding on all 28 member states of the European Union — has effectively legitimized an Islamic blasphemy code in the interests of “preserving religious peace” in Europe.
  • The ruling effectively establishes a dangerous legal precedent, one that authorizes European states to curtail the right to free speech if such speech is deemed to be offensive to Muslims and thus pose a threat to religious peace.
  • “In other words, my right to speak freely is less important than protecting the religious feelings of others.” – Elisabeth Sabaditsch-Wolff.
The European Court of Human Rights (ECHR) has ruled that criticism of Mohammed, the founder of Islam, constitutes incitement to hatred and therefore is not protected free speech. Pictured: A courtroom of the ECHR in Strasbourg, France. (Image source: Adrian Grycuk/Wikimedia Commons)

The European Court of Human Rights (ECHR) has ruled that criticism of Mohammed, the founder of Islam, constitutes incitement to hatred and therefore is not protected free speech.

Continue reading

Germany Submits to Sharia Law, by Soeren Kern

German Muslims are erecting a parallel legal system in Germany, based on Sharia law. From Soeren Kern at gatestoneinstitute.org:

• A German court has ruled that seven Islamists who formed a vigilante patrol to enforce Sharia law on the streets of Wuppertal did not break German law and were simply exercising their right to free speech. The “politically correct” decision, which may be appealed, effectively authorizes the Sharia Police to continue enforcing Islamic law in Wuppertal.

• The self-appointed “Sharia Police” distributed leaflets which established a “Sharia-controlled zone” in Wuppertal. The men urged both Muslim and non-Muslim passersby to attend mosques and to refrain from alcohol, cigarettes, drugs, gambling, music, pornography and prostitution.

Critics say the cases — especially those in which German law has taken a back seat to Sharia law — reflect a dangerous encroachment of Islamic law into the German legal system.

• In June 2013, a court in Hamm ruled that anyone who contracts marriage according to Islamic law in a Muslim country and later seeks a divorce in Germany must abide by the original terms established by Sharia law. The landmark ruling effectively legalized the Sharia practice of “triple-talaq,” obtaining a divorce by reciting the phrase “I divorce you” three times.

A growing number of Muslims in Germany are consciously bypassing German courts altogether and instead are adjudicating their disputes in informal Sharia courts, which are proliferating across the country.

• “If the rule of law fails to establish its authority and demand respect for itself, then it can immediately declare its bankruptcy.” — Franz Solms-Laubach, Bild’s parliamentary correspondent.

To continue reading: Germany Submits to Sharia Law