16:34 - slippery slope they said
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 is unconstitutional because all marriages, including Sharia-based child marriages, are protected by Germany's Basic Law (Grundgesetz).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.
The case involves a Syrian couple — a 14-year-old Syrian girl married to her 21-year-old cousin — who arrived in Germany at the height of the migrant crisis in August 2015. The Youth Welfare Office (Jugendamt) refused to recognize their marriage and separated the girl from her husband. When the husband filed a lawsuit, a family court in Aschaffenburg ruled in favor of the Youth Welfare Office, which claimed to be the girl's legal guardian.
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Germany's Federal Court of Justice, in its ruling, published on December 14, 2018, stated that the new law was unconstitutional because it violated Articles 1 (human dignity), 2 (free development of personality), 3 (equal protection) and 6 (protection of marriage and family) of the Basic Law, which serves as the German constitution. (lol)
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By shielding the Syrian couple from German law, the court has not only legitimized the use of Sharia law to determine the outcome of legal cases in Germany, it has also established a precedent that will almost certainly be used in the future by defenders of child marriage and other foreign laws.
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In an interview with Spiegel Online, Islam expert Mathias Rohe defended the existence of parallel legal structures in Germany as an "expression of globalization." He added: "We apply Islamic law just as we do French law."
Lai dzīvo blobalizācija!
