Bassam Darwich / Mar 23, 2007

A German judge rejected a request of a Moroccan Muslim woman for a quick divorce on grounds she was abused by her Muslim husband.

Judge Christa Datz-Winter said in a recommendation earlier this year that both partners came from a "Moroccan cultural environment in which it is not uncommon for a man to exert a right of corporal punishment over his wife," When the woman protested, the judge cited a passage from the Quran that reads in part, "men are in charge of women."



The judge, who was then removed from the case, angered German politicians and some Muslim leaders who denounced her for citing the Quran in her rejection of the woman's request.


"The legal and moral concepts of Sharia have nothing to do with German jurisprudence," said Wolfgang Bosbach, one of lawmakers from Chancellor Angela Merkel's Christian Democratic Party. He added, "One thing must be clear: In Germany, only German law applies. Period!"


Another strong comment was made by Ronald Pofalla, the party's general secretary who said that: "When the Quran is put above the German constitution, I can only say: Good night, Germany."


On the other hand, Germany's Institute for Islamic Questions reacted by stating that while the Quranic verse cited does say that husbands are allowed to beat their wives if they are disobedient, it should be known that such an interpretation was no longer standard!



The decision made by the administrative court to remove the judge from the case certainly reflects the principles and values of Western Societies.  However, despite the fact that the judge's rejection of the woman's request contradicted the Western principles and values related to human rights, this case brings a very important question that must not be ignored in similar cases.


We all know that the teachings of Islam allow the beating of women; any Muslim denying this is a liar.  In fact, Islamic teachings allow the beating of the wife not only as a disciplinary action but as a preventive punishment. Fearing the wife disobedience is enough to justify the beating:  "Men are in charge of women, because Allah hath made the one of them to excel the other, and because they spend of their property. So good women are the obedient, guarding in secret that which Allah hath guarded. As for those from whom ye fear rebellion, admonish them and banish them to beds apart, and scourge them. Then if they obey you, seek not a way against them. Lo! Allah is ever High, Exalted, Great." (Qur'an, 4:34)


Given that, a judge should be considering asking any Muslim woman requesting a divorce on such grounds: "Are you a Muslim by choice?"


If the answer is "yes', so why would a judge or anybody sympathize with someone complaining about being abuse by principles he or she believes in?


And if the answer is "No", isn't reasonable for the judge to remind the woman, that she lives in a free country, and that no one can force her to be part of a religion that allows her beating?




Muslims claim that the beating the Qur'an allows should not be severe!

Well, who would be a good judge to set the "beating severity standard" in Islamic societies, where children are used as human bombs, women victim of rapes killed instead of the rapists, young girls circumcised by cutting their most sensitive part to sex to make sure they only please their men and never feel the pleasure themselves. And where millions of weird fatwas (religious decrees) are constantly issued by millions of muftis (religious laws interpreters), like prohibiting exchanging flowers on occasions, or warning women not to sleep close to a wall fearing that the wall would make sex with them at night (because walls in Arabic language are male!), or justifying the beheading of any American as good service to allah?

In such societies who would be a good mufti to set the limits for men on the number of kicks, slaps, or punches they punish their wives with according to Alla's law?      


"Beating is only for donkeys", says an Arabic popular proverb. But Western Societies do not condone even the beating of donkeys. 

Beating is never the proper way to solve marital problems, nor parents/children problems; nor even problems between neighbors. Nevertheless, the Quran allows it.


The spokesman of Germany's Institute for Islamic Questions says that although there is a text in the Qur'an that allows men to beat their wives if they are disobedient, it should be known that such an interpretation was no longer standard!


Well, if beating of women based on this Quranic verse is no longer standard, then what about the hundreds of other verses that call upon Muslims to fight and kill the non-believers, and all other verses that have no respect the simplest human rights?  If all of this trash is not considered standard as well, then what would be left of the Qur'an?

Disclaimer: The articles published on this site represent the view of their writers.