Også i Tyskland har det utviklet seg et system med sharia-domstoler som løper parallelt med og erstatter det offisielle rettsvesen. Sakene kommer enten ikke opp for domstolene, eller de fører ikke til domfellelse.
Soeren Kern ved hudson-ny.org har tidligere beskrevet utviklingen av et parallelt islamistisk rettsvesen i Storbritannia. En ny bok påviser samme trekk i Tyskland.
The 236-page book titled «Judges Without Law: Islamic Parallel Justice Endangers Our Constitutional State,» which was authored by Joachim Wagner, a German legal expert and former investigative journalist for ARD German public television, says Islamic Sharia courts are now operating in all of Germany’s big cities.
This «parallel justice system» is undermining the rule of law in Germany, Wagner says, because Muslim arbiters-cum-imams are settling criminal cases out of court without the involvement of German prosecutors or lawyers before law enforcement can bring the cases to a German court.
Settlements reached by the Muslim mediators often mean perpetrators are able to avoid long prison sentences, while victims receive large sums in compensation or have their debts cancelled, in line with Sharia law, according to Wagner. In return, they are required to make sure their testimony in court does not lead to a conviction.
German police do investigate cases involving serious crimes. But parallel to that, special Muslim arbitrators, also known as «peace judges,» are commissioned by the families concerned to mediate and reach an out-of-court settlement.
Praksis viser at dommerne ugjerne griper inn i saker som involverer sharia, dvs, muslimsk lovfortolkning. Tvert om: dommerne viser en tendens til å følge islamske prinsipper. Det gjør muslimer rettsløse i Tyskland.
In an interview with the German broadcaster Deutsche Welle, Wagner said political correctness in Germany is contributing to the problem: «I’ve studied 16 recent crime cases here with Muslim citizens involved. In almost 90% of all cases where Muslim arbitrators were commissioned, the perpetrators were acquitted by German courts or the cases were dropped altogether by the prosecution for lack of evidence. It’s an alarming finding, and it throws a bad light on our courts.»
In fact, German judges often refer and/or defer to Sharia law. For example, the Federal Social Court in Kassel recently 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 – referring to the Sharia which is followed in Iran. A court in Düsseldorf arrived at a similar verdict, forcing a Turkish man to repay a €30,000 ($43,000) dowry to his former daughter-in-law.
Man skulle nesten ikke tro det var mulig, men en kvinnelig dommer i Frankfurt anførte overfor en voldstruet kvinne av marokkansk avstamning at hun burde visst hva hun gjorde da hun giftet seg med en muslim. Dommer Christa Datz-Winter nektet å innvilge kvinnen en lovfestet «hasteskilsmisse», da kvinnen måtte kjenne sin underordning under mannen.
In March 2007, Judge Christa Datz-Winter, a judge at Frankfurt’s family court cited the Islamic Koran in a divorce case involving a 26-year-old German woman of Moroccan origin, who was terrified of her violent Moroccan husband, a man who had continued to threaten her despite having been ordered to stay away by the authorities. He had beaten his wife and he had allegedly threatened to kill her.
Judge Datz-Winter refused to grant the divorce, arguing that a woman who marries a Muslim should know what she is getting herself into. In her ruling, the judge quoted Sura 4, verse 34 of the Koran. She wrote that the Koran contains «both the husband’s right to use corporal punishment against a disobedient wife and the establishment of the husband’s superiority over the wife.»
In February 2011, Germany’s Federal Labor Court ruled that a Muslim supermarket employee can refuse to handle alcohol on religious grounds. The case in question involved a Muslim man who was employed in a supermarket in the northern German city of Kiel. He refused to stock shelves with alcoholic drinks, saying that his religion forbade him from any contact with alcohol, and was dismissed as a result in March 2008.
Den politiske korrektheten tilpasser seg og gir plass til sharia-fortolkninger. Hvis man åpner for prinsippet om at en troende muslim har rett til å nekte å ta i alkohol, er det mange andre særrettigheter som følger med; ut fra kjønn, klær, varer man må ta i. Unntakene fra reglene kan bli mange, med ødeleggende konsekvenser for arbeidsgiver.
Fra den andre siden, utenfra, kommer imamer og rettslærde som skal fungere som voldgiftsmenn. De blander seg inn i rettssystemet, på en måte som gjør systemet sjakk matt, eller utmanøvrert.
In an interview with the German newsmagazine Der Spiegel, Wagner described the Islamic shadow justice system in Germany as «very foreign, and for a German lawyer, completely incomprehensible at first. It follows its own rules. The Islamic arbitrators aren’t interested in evidence when they deliver a judgment, and unlike in German criminal law, the question of who is at fault doesn’t play much of a role.»
When Der Spiegel asked why it was wrong for two parties to try to resolve a dispute between themselves, Wagner replied: «The problem starts when the arbitrators force the justice system out of the picture, especially in the case of criminal offenses. At that point they undermine the state monopoly on violence. Islamic conflict resolution in particular, as I’ve experienced it, is often achieved through violence and threats. It’s often a dictate of power on the part of the stronger family.»
Wagner’s findings largely confirm a report published by the German Interior Ministry in 2009 which warned that Islamic groups in Germany want to live under Sharia law in Germany.
Islamic Sharia Law Proliferates in Germany
by Soeren Kern
September 8, 2011 at 5:00 am