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by Soeren Kern • December 22, 2018
at 5:00 am
- 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.
- "Germany cannot,
on the one hand, be against child marriages internationally, and
on the other hand, be for such marriages in our own country. The
best interests of the child cannot be compromised in this case.
(...) This is about the constitutionally established protection
of children and minors!" — Winfried Bausback, Bavarian
lawmaker who helped draft the law against child marriage.
- "We should
consider one more thing: judgments are made 'in the name of the
people.' This people has clearly expressed through its
representatives in the Bundestag that it no longer wants to
recognize child marriage." — Commentator Andreas von Delhaes-Guenther.
The Federal
Court of Justice (Bundesgerichtshof), Germany's highest court,
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. Pictured: The Bundesgerichtshof
building in Karlsruhe, Germany. (Image source: Andreas
Praefcke/Wikimedia Commons)
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.
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