When Does the Koran Say, 'Stop Beating Your Wife'?

This is appalling on several fronts and will do nothing to quell a rising sense in this country (or across Europe) that Islam is a violent religion. But this has nothing to do with Islam and everything to do with misunderstanding the relationship between religion and politics.

A German judge has stirred a storm of protest here by citing the Koran in turning down a German Muslim woman’s request for a fast-track divorce on the ground that her husband beat her.

In a remarkable ruling that underlines the tension between Muslim customs and European laws, the judge, Christa Datz-Winter, said that the couple came from a Moroccan cultural milieu, in which she said it was common for husbands to beat their wives. The Koran, she wrote, sanctions such physical abuse.

News of the ruling brought swift and sharp condemnation from politicians, legal experts, and Muslim leaders in Germany, many of whom said they were confounded that a German judge would put 7th-century Islamic religious teaching ahead of modern German law in deciding a case involving domestic violence.

The woman’s lawyer, Barbara Becker-Rojczyk, said she decided to publicize the ruling, which was issued in January, after the court refused her request for a new judge. On Wednesday, the court in Frankfurt abruptly removed Judge Datz-Winter from the case, saying it could not justify her reasoning.

“It was terrible for my client,” Ms. Becker-Rojczyk said of the ruling. “This man beat her seriously from the beginning of their marriage. After they separated, he called her and threatened to kill her.”

While legal experts said the ruling was a judicial misstep rather than evidence of a broader trend, it comes at a time of rising tension in Germany and elsewhere in Europe, as authorities in many fields struggle to reconcile Western values with their countries’ burgeoning Muslim minorities.

Last fall, a Berlin opera house canceled performances of a Mozart opera because of security fears. The opera includes a scene that depicts the severed head of the Prophet Muhammad. Stung by charges that it had surrendered its artistic freedom, the opera house staged the opera three months later without incident.

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Posted by B Feiler at 5:58 PM  

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