In the Name of Allah: Islamic Mediators and Germany’s Two Legal Systems – part 1

Published on Spiegel Online International, by Joachim Wagner, June 20, 2012.

For years, Islamic mediators have been stepping in to solve family disputes and marital problems among Muslims in Germany. A new book takes a closer look at how their reliance on elements of Sharia law, instead of German law, affects Muslim women. Demir furniture store in the western German city of Recklinghausen is the go-to place for people in need of either inexpensive furniture or, for some Muslims, advice on how to handle a disobedient daughter.  

In his 400-square-meter (4,300-square-foot) warehouse-like shop, Haj Nur Demir, a 61-year-old Lebanese man, sells items like used desks, washing machines and armchairs from estate sales. The furniture dealer is tall, slim, gray-haired and sports a mustache. He also exudes authority. It’s a good trait to have in his second profession … //

… Two Legal Systems:

  • Arnold Mengelkoch, the official in charge of immigrant affairs in Berlin’s Neukölln district, is familiar with the “informal Islamic family justice system” in his neighborhood. He estimates that 10 to 15 percent of Muslims in the religiously conservative community use the system to resolve their conflicts.
  • “There are two legal systems,” says Sabine Scholz, a family law attorney in the northern city of Flensburg, “a German one and an Islamic one, which puts women at a disadvantage.”
  • For some Muslim immigrants, Islamic law is more important than German law. Mathias Rohe, an Islamic law expert in the Bavarian city of Erlangen, encountered cases in his field studies “in which Muslim parties performed marriages or divorces, for example, exclusively in accordance with traditional Islamic norms.”
  • Some Muslims mistrust government organizations, says Rohe, who sees himself as an intermediary between Islamic and German legal cultures. According to Rohe, some people are trying “to establish a religious parallel structure, because they do not want to submit to the institutions of a secular, non-Islamic state.”
  • As a result, 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.

Forced Marriages:

  • Sometimes, however, the Muslim judges are willing to stretch Sharia law. The Islamic law rejects forced marriages, which have their roots in old traditions. But clerics often have no qualms about marrying underage girls, even if it’s against their will.
  • Terres des Femmes, an organization devoted to protecting women, repeatedly sees 14- and 15-year-old girls, especially from Kurdish and Albanian backgrounds, who are supposed to be married by imams.
  • According to a current study by the Federal Ministry of Family Affairs, titled “Forced Marriage in Germany,” 53 percent of all those who were married or to be married by imams were younger than 18. Rosa Halide M., who runs a shelter for Muslim girls in Stuttgart, has “never witnessed an imam preventing a forced marriage.” According to a representative from Terres des Femmes, in the vast majority of cases “the imam is just another tool for the family to apply pressure on a girl to get married.”
  • Ferid Heider, 33, an Islamic theologian from Berlin, and the son of an Iraqi father and a German-Polish mother, is an exception. He says he emphasizes a “moderate Islam.” Sitting in a makeshift mosque in the district of Wedding, Heider says he wants to put an end to the tradition of forced marriages. Because such marriages “rarely have a future,” he says he tries to talk to the woman alone before the wedding, without her parents, to warn her against entering into the forced union.
  • Nevertheless, the will of the parents takes precedence over that of the man and woman who are about to be married, even for Heider. He recently dissuaded a Somali woman from marrying a German convert against her father’s wishes. The marriage would have been permitted under Sharia law.
  • “You can’t just pay attention to what’s possible under Islamic law,” Heider says. “You also have to take the social consequences into account.” The father wanted his daughter to marry a cousin.

Falling into a Trap: … //

… Polygamy in Germany:

  • A welder by trade, Chahrour says that performing marriages is “easy.” The woman must present a German or Lebanese document proving that she is not already married, and her father must consent to the marriage, even if the woman is of age. The man, on the other hand, is only required to show identification, but not to prove that he is single. This isn’t surprising, given that Sharia permits a man to have up to four wives.
  • 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.
  • Family law attorney Scholz tells the story of a Muslim woman from Flensburg who was unaware for years that she was a second wife. She had only been married by an imam, and her husband had another wife with whom he already had four children. With her eight children, the second wife received so much money in residential, childcare and education subsidies that she didn’t even have to apply for Hartz IV benefits.
  • The husband managed to keep the two marriages a secret from his wives until the children from both marriages, who went to the same school, discovered they had the same father. The second wife now lives in a women’s shelter.

(full long text).


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