20 June 2012

Islamic Mediators and Germany's 'Two Legal Systems'

.... imams and arbitrators in Berlin, the western state of North Rhine-Westphalia and the northern state of Schleswig-Holstein apply Sharia law on a daily basis, even though it is sometimes incompatible with the German constitution and German family law.

In particular, Islamic law discriminates against women in the following ways:They are not permitted to marry non-Muslims;In an arbitration, family unity takes precedence over the woman's right of self-determination, even in cases involving violence; In a divorce, the man receives sole custody of the children; Polygamy and marriages with minors are allowed; under German law, 16-year-old girls can only marry with the permission of a family court.

.... There are no official figures, but Berlin family consultant Chaaban estimates that about 30 percent of all Arab-born men in the German capital have two wives. Attorneys specializing in family law are also familiar with these cases.

The men rarely live with several wives under one roof. They usually keep their second wife, to whom they are only married under Islamic law, a secret. Thanks to the social welfare state, the men often have no obligations under the second marriage. Under German law, the women are treated as single mothers and, if they are unable to support themselves, they receive benefits under the Hartz IV welfare reform program. [SPIEGEL ONLINE] Read more