GERMAN HIGH COURT BASTARDIZES LONG STANDING NATIONAL LAW TO ACCOMODATE SHARIA LAW
REPEAT OF THIRD REICH LEGAL CORRUPTION
GERMAN FEDERAL SUPREME COURT REJECTS
AS UNCONSTITUTIONAL A LAW BANNING
CHILD MARRIAGE
BY CHRISTINE DOUGLASS-WILLIAMS
SEE: https://www.jihadwatch.org/2018/12/german-federal-supreme-court-rejects-law-banning-child-marriage-as-unconstitutional;
republished below in full unedited for informational, educational and research purposes:
No Western country should bend its laws and abandon its principles in
order to appease anyone or to suit any religious sensibilities at the
expense of its women and girls. And yet this is not happening in Germany
alone; many Western countries are increasingly
adopting a two-tier legal system,
allowing for a harmful accommodation of Sharia norms.
“German Supreme Court Rejects Anti-Child Marriage Law as Unconstitutional,” by Chris Tomlinson, Breitbart,December 26, 2018:The German Federal Supreme Court has made a new ruling on a child marriage case which could have implications on the way child marriages conducted legally overseas are treated in the country.______________________________________________________________
The ruling comes from a case involving a Syrian man who was separated from his underage “wife” when the pair arrived in Germany as asylum seekers in August 2015, Die Welt reports.
The pair, cousins, were married in February 2015 while the man was aged 21 and the girl aged only 14 in a marriage procedure that was done under sharia legally in Syria but was considered invalid by German authorities where the marriage age was 16 at the time.
After his “wife” had been taken into separate care due to her status as a minor, the Syrian man complained to German courts which initially granted him weekend access to her with a district court claiming the marriage had not been forced.
The case was then sent up to the Federal Supreme Court which has now ruled that the marriage between the pair should be examined on the basis of its legal status in Syria. Such cases in the future should be looked at on an individual basis, the court said, instead of a blanket refusal to recognise them — as was the procedure previously.
In Germany, protection of marriage and family are enshrined in the Basic Law, as well as the principle of equal treatment, and both could be violated under the ban on child marriages…..
German Court Applies Sharia to Child Marriage
BY BARON BODISSEY
republished below in full unedited for informational, educational and research purposes:
The following report from the German website Einwanderungskritik
(Immigration Criticism) is all but unbelievable: a district court has
cited sharia law to validate a Syrian immigrant’s marriage to a
14-year-old girl. An act that would land a native German man in prison
for child molestation is being sanctioned by the court as a valid
“marriage”, simply because it as recognized as such by Islamic law.Many thanks to Nash Montana for the translation:
Scandalous judgment: Islamic pedophile-marriages are valid in Germany
“A marriage that has been performed according to Syrian law in Syria with a 14 year old bride and a man of legal age, has to be recognized as valid if the husband belongs to the Sunni religion and the marriage has already been executed.”
by Robin Classen
With mass immigration, not only terrorism in Paris and Brussels and the sex crimes on New Year’s eve came to Europe, but also very different social and moral values. For instance, Islam allows men to marry multiple women.
Extremely problematic: Mohammed married his “favorite woman” Aisha when she was just six years old. That is not an unusual Islamic opinion; this is widely uncontested knowledge in Sunni as well as in Shiite Islam. In Germany however, as part of sanctioned lying to advance the cause of Islam (taqiyya), those who ask critical questions are often told: Aisha was after all already 14 years old when she married the 50-year-old Mohammed. Even more common is the lie that around the year 700 children were a lot more sexually mature. That one cannot compare the nine-year-old Aisha therefore with a nine-year-old of today, that she was a complete woman. That all the focus on cleanliness and coddling in the modern world is what delays a girl’s menstruation more and more.
The opposite has been scientifically proven: In Germany in 1860 girls got their first period at the age of 16.6 years old. In 1920 they began to menstruate at 14.6 years old, in 1980 at 12.5 years old, and today even sooner yet. And all this of course completely independent of the fact that a first menstruation is only one step on the way to become an adult woman and it does not signify the ultimate end of childhood.
Forced marriage of children is completely okay in Islam
Since Mohammed was deemed to be an exemplary ideal and virtuous man, this moral assessment applies as well to his marriage with multiple women and the child Aisha, which is why forced marriages of children in Shiite as well as in Sunni Islam are entirely normal. Often children die on their wedding night due to fatal internal bleeding caused by their Muslim husbands. This behavior is now entering Germany.
Here’s the case of a 22-year-old Syrian man and his 14-year-old wife — probably a more benign example — a couple who came to Bavaria at the end of 2015. They are also cousins — since marriages among relatives, too, is a custom that is accepted in Islam, which has for centuries harmed the gene pool of the Islamic peoples. According to one BBC study 55 % of the Pakistanis living in Great Britain are married to relatives. And worldwide, half of all Muslims are living in incestuous marriages. The consequences are an average IQ that is 10 points lower, and a significantly higher risk for psychological and physical illnesses.
Youth welfare service unsuccessfully tried to protect the child from German justice
The two youths were separated immediately after their arrival in Germany: The Youth welfare office took the child into custody. The man then submitted a lawsuit — in all likelihood at taxpayer’s expense — and verified through a Syrian marriage certificate that he was effectively married to the child he according to Syrian law. The district court then reinterpreted the lawsuit which demanded that the child be handed over to the husband, and granted visitation rights to the “couple” so they could meet alone on the weekends. But the youth welfare office lodged an appeal, arguing that the “wife” is a child and acts like a child. That she is not in a position to lead an autonomous, self-determined life as a “wife”, and that there is the danger that the two have sexual intercourse on the weekends, which according to German law constitutes sexual abuse of a minor.
The subsequent decision of the OLG Bamberg (regional appeals court Bamberg) is simply mind-blowing: The OLG decided that international privacy rights have to be applied to the Syrian couple. During the trial the court had received a “crash course in Syrian marriage law” and had decided that the couple were effectively married. That even the German “Ordre Public”, the public policy doctrine, cannot stand in the way of this. If anyone would like to know what is possible concerning the Islamization of German law, they should read the resolution from May 5, 2015, file reference 2 UF 58/16 of the Regional Appeals Court of Bamberg.
OLG is exclusively applying Sharia law
One paragraph after another the judge cites openly and absent of all critique sharia law, which they then apply one-to-one. For the Bavarian judges, according to their own statements, it is therefore only important “whether the marriage of a Muslima with a non-Muslim is void”, since Islamic law prohibits such. In other words, if there were two refugees with a Syrian marriage certificate, and then it emerged that one of the two was a Christian, a German court would void the marriage, since a Muslim Herrenmensch (overlord) cannot be married to a Christian Untermensch (subhuman).
According to Syrian-Islamic marriage right there is a minimum marriage age of 13 years, but it is invalid if the wedding has already been performed. So therefore, there really is no law for a minimum age, but this seems to pose no problem for Bavarian judges. It seems more important to the court in Bamberg that the dowry was paid by the parents:
Apart from that, Article 51, section 2 of the PSG (strengthening of the care-giving act) on defective marriage contracts after cohabitation, decides, among other things, the obligation of paying the dowry, the obstacle of in-law relationship to marrying, and the obligation of observing the legal waiting period in cases of dissolution of marriage either by divorce or death. Therefore, Articles 47 to 52 PSG cannot be interpreted as a regulation to the effect that a defective marriage contract after cohabitation leads to a void marriage.The child has to endure abuse so that “integration” is successful
After all this, the court came out with the real tear-jerker: The “husband and wife” had endured so much together already during their “flight”! Additionally, a recognition of their marriage for the purpose of integration is vital. The two had already rejected participation in integration courses long before their marriage was validated, the German judges seriously lamented.
The youth welfare office and parents do not play a role anymore for the court: The child is legally married and, according to Syrian law, parental responsibility has thereby lapsed. Punishability according to § 182 III StGB is swept under the rug by the OLG Bamberg: That counts as “a matter of interpretation”. The bottom line is that the higher regional court, as the second most highest civil rights entity, has applied sharia law, which thus with one swipe suspends German family law, and especially criminal law, and has therefore deprived a 14-year-old girl of all protection given to her by the youth welfare services, and instead has exposed her to her “husband” defenselessly.
OLG Bamberg, Beschluss v. 12.05.2016 — 2 UF 58/16 — Bügerservice
