Monday, April 30, 2007

German court considers that a woman's life is less important than her husband's right to beat her

This story, which has been around since March, is despicable. What is worse is that this happened in Europe in 2007. I am disgusted.

The crux case centres on a woman called Nishal, a 26-year-old Moroccan immigrant to Germany with two kids and a psychotic husband. Since their wedding night, this husband beat the hell out of her. She crawled to the police covered in wounds, and they ordered the husband to stay away from her. He refused. He terrorised her with death threats.

So Nishal went to the courts to request an early divorce, hoping that once they were no longer married he would leave her alone. A judge who believed in the rights of women would find it very easy to make a judgement: you're free from this man, case dismissed.

But Judge Christa Datz-Winter followed the logic of multiculturalism instead. She said she would not grant an early divorce because - despite the police documentation of extreme violence and continued threats - there was no "unreasonable hardship" here.

Why? Because the woman, as a Muslim, should have "expected" it, the judge explained. She read out passages from the Koran to show that Muslim husbands have the "right to use corporal punishment". Look at Sura 4, verse 34, she said to Nishal, where the Koran says he can hammer you. That's your culture. Goodbye, and enjoy your beatings.

It is one thing to accept multiculturalism but it is quite another to refuse to grant a divorce to an abused spouse. The German legal system is basically telling this woman to suck it up and deal and that her life is less important than her husband's right to beat her. That is certainly not the multiculturism I envision.

Germany and all European countries have fundamental choices to make with regard to their legal systems if they choose to embrace this perverted vision of multiculturism. How will the law be applied? Does this embrace of multiculturism extend to murder, mutilation, FGM, stoning, child abuse, or rape? Does it relate only to women or will the German authorities step in if a man is to have his hand chopped off for stealing or hanging for possession of drugs. This is a very dangerous road.

If a woman is fleeing from abuse, rape, FGM, mutilation or stoning is she not entitled to protection by the police. Will she have to seek asylum in another country? How has the situation got so bad that a woman has no protection against violence in a modern developed country like Germany?

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