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[In 2007, a German judge denied a woman an expedited divorce with the words, “The exercise of the right to corporal punishment does not constitute an extreme hardship according to federal law” (Kirschstein; Oswald). The 26-year-old woman filing for divorce had been the victim of domestic violence and death threats at the hand of her husband; under German domestic abuse laws, courts had already awarded her sole access to the apartment and a restraining order against her husband. Yet when she requested a waiver of the required one-year waiting period for divorce, the judge used citations from the Koran to deny the expedited divorce because the petitioner was of Moroccan heritage and was married to a Moroccan man. The judge reasoned that a woman entering into a marriage with a Muslim must already know of the potential for “corporal punishment” within the marriage. The case understandably aroused great protest. For many, the case served as “evidence” of the “quiet Islamicization of Germany” (Bartsch et al.).]
Published: Nov 12, 2015
Keywords: European Union; Domestic Violence; Public Sphere; Immigrant Woman; Corporal Punishment
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