GERMAN FEDERAL SUPREME COURT REJECTS AS UNCONSTITUTIONAL A LAW BANNING CHILD MARRIAGE; ACCOMODATES SHARIA LAW

 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…..

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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.

The legal court documents about the case:

OLG Bamberg, Beschluss v. 12.05.2016 — 2 UF 58/16 — Bügerservice