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Islamic Law’s Foothold in German Legal System

An appeals court in northwestern Germany has decided a contentious divorce case based on Islamic Sharia law.

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In an interview with the German newsmagazine Der Spiegel, Wagner describes the Islamic shadow justice system in Germany as “very foreign, and for a German lawyer, completely incomprehensible at first. It follows its own rules. The Islamic arbitrators aren’t interested in evidence when they deliver a judgment, and unlike in German criminal law, the question of who is at fault doesn’t play much of a role.”

When Der Spiegel asked why it was wrong for two parties to try to resolve a dispute among themselves, Wagner replied: “The problem starts when the arbitrators force the justice system out of the picture, especially in the case of criminal offenses. At that point they undermine the state monopoly on violence. Islamic conflict resolution in particular, as I’ve experienced it, is often achieved through violence and threats. It’s often a dictate of power on the part of the stronger family.”

Wagner says political correctness is contributing to the rise of Sharia law in Germany. In an interview with the German broadcaster Deutsche Welle, Wager states: “I’ve studied 16 recent crime cases here with Muslim citizens involved. In almost 90% of all cases where Muslim arbitrators were commissioned, the perpetrators were acquitted by German courts or the cases were dropped altogether by the prosecution for lack of evidence. It’s an alarming finding, and it throws a bad light on our courts.”

Soeren Kern is a Senior Fellow at the New York-basedGatestone Institute. He is also Senior Fellow for European Politics at the Madrid-based Grupo de Estudios Estratégicos / Strategic Studies Group. Follow him onFacebook.

Originally published at Gatestone Institute.

Soeren Kern

About the Author: The writer is a Senior Fellow at the New York-based Gatestone Institute. He is also Senior Fellow for European Politics at the Madrid-based Grupo de Estudios Estratégicos / Strategic Studies Group, one of the oldest and most influential foreign policy think tanks in Spain.


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