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.
{...}
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)
{...}
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.
{...}
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!