Thursday, March 22, 2007

Islam and the European Courts

Two cases, two different verdicts, one in France the other in Germany. One allows sharia law to influence the court, the other upholding the laws of the land. Which country do you think caved? Surprising it wasn't France, the judge upheld free speech laws in France:

A French court has ruled in favour of weekly Charlie Hebdo, rejecting accusations by Islamic groups who said it incited hatred against Muslims.

The cartoons were covered by freedom of expression laws and were not an attack on Islam, but fundamentalists, it said.

The case was seen as an important test for freedom of expression in France.

Applause broke out in the courtroom at the announcement of the verdict, which ruled that the three cartoons published in February 2006 were not insulting to the Muslim community, the AFP news agency reports.

Editor Philippe Val had rejected the allegations, saying the cartoons were not an attack on Muslims, but on terrorists.

[...]

Depictions of the human form are generally taboo in Islam.

[...]

The cartoons, including one of the Prophet Muhammad with a headdress in the form of a bomb, triggered riots in some Muslim countries.
If Muslims don't want to see depictions of Muhammad, maybe they should move to Saudi Arabia because France just said they aren't going to be restricted by sharia law.

But a German judge appears to allow sharia to color her ruling:
The woman, a German citizen of Moroccan descent, had asked for an immediate divorce, saying her husband beat her.

But the female judge ruled that, under the law of the Koran, the woman had not been subject to unacceptable behaviour, the court in Frankfurt said.

The judge had now been removed from the divorce proceedings, it said.

She had argued that the couple's Moroccan cultural background meant it was "not unusual" for the husband to physically punish his wife.

The woman's domestic abuse therefore did not make her case one of exceptional hardship, she claimed.

When challenged about her ruling, the judge cited a passage from the Koran.
Fortunately, Germans reject this ruling:
German lawmakers said that Sharia, or traditional Islamic law, had no place in Germany.

"The legal and moral concepts of Sharia have nothing to do with German jurisprudence," said Wolfgang Bosbach, a lawmaker with the Christian Democrats.

"One thing must be clear: in Germany only German law applies," he added.
Courts really need to resist the urge to accommodate the culture of Islam, if they don't, sharia gets a foot into the door of the legal system or more appropriately, sharia gets it's nose into the tent.