Wife-beating legal in Germany

…if you’re Muslim. Sort of, anyway.

A German judge has stirred a storm of protest by citing the Koran in turning down a German Muslim woman’s request for a speedy divorce on the ground that her husband beat her.

In a ruling that underlines the tension between Muslim customs and European laws, the judge, Christa Datz-Winter, noted that the couple came from a Moroccan cultural milieu, in which it is common for husbands to beat their wives. The Koran, she wrote in her decision, sanctions such physical abuse.

Except that (a) German law is not Qu’ranic law, and (b) it is certainly not a settled issue that Islamic law allows men to beat their wives. In many majority-Muslim nations which apply Islamic law, physical violence is grounds for divorce. Under Moroccan family law, a wife is not legally obliged to obey her husband, and both parties have a right to divorce. I need to look this up, but I’m relatively certain that a man does not have the right to beat his wife under Moroccan law. Understandably, Muslims in Germany and elsewhere are pretty angry:

Muslim leaders agreed that Muslims living here must be judged by the German legal code. But they were just as offended by what they characterized as the judge’s misinterpretation of a much-debated passage in the Koran.

While the verse cited by Judge Datz-Winter does say husbands may beat their wives for being disobedient — an interpretation embraced by fundamentalists— mainstream Muslims have long rejected wife-beating as a medieval relic.

“Our prophet never struck a woman, and he is our example,” Ayyub Axel Köhler, the head of the Central Council of Muslims in Germany, said in an interview.

It irritates me that the author of this NY Times piece pits it as a battle between “Western values” and “Islam.” No, it’s a battle of misogyny verses legal equality — and no religion has a monopoly on misogyny. This was a German judge who laid down this ruling, not an Islamic one. She had no obligation to use her own interpretation of the Qu’ran and Islamic beliefs — an interpretation that Muslims around the world disagree with — and yet she chose to anyway. And somehow this is still being billed as a case of crazy Muslims in conflict with Western values.

This is flat-out racism and misogyny. To wit:

In January, the judge turned down the wife’s request for a speedy divorce, saying her husband’s behavior did not constitute unreasonable hardship because they are both Moroccan. “In this cultural background,” she wrote, “it is not unusual that the husband uses physical punishment against the wife.”

Domestic violence is indeed common in Morocco, and Moroccan women face a hell of a lot of oppression. But there isn’t anything unique to Moroccan “cultural background” which makes abuse acceptable or oppression any more debilitating in Morocco than elsewhere. A woman is beaten every 9 seconds in the United States. Nutty Christian sects promote “domestic discipline.” Domestic violence is a pervasive and wide-spread problem, and affects women of every nationality and religious (or non-religious) tradition. And while one German judge’s interpretation of Islamic law may serve as a sufficient cover for her own misogyny and her general failure to properly uphold German law, it does not actually say much of anything about Islam, the experience of Muslim women, or the supposed battle of values between the “West” and the Muslim world. And I’m pretty sure that Morocco is west of Germany anyway.

This ruling is devastating to German Muslim women, who are not being considered full citizens under German law, and who are apparently not invested with the same rights that non-Muslim Germans are accorded. Protection from physical abuse should not be offered on a sliding scale. The German judge needs to be held accountable for her own woman-hating and her racist, uninformed justifications for her decision. This does not need to be framed as yet another example of how backwards Islam is — because while domestic violence is certainly ass-backwards, it’s not an Islamic invention, and the decision to justify that abuse came from a supposedly enlightened Western woman.

The person who needs to be held primarily accountable here is the man who beat up his wife. Secondary accountability needs to be held by the people who enabled that beating, and who made it more difficult for the woman to escape — including this judge.

Author: Jill has written 4631 posts for this blog.

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60 Responses

  1. 1
    Patrick 3.24.2007 at 12:58 am |

    Why is it so clear that it is a misinterpretation? More importantly, do you think it matters that it is a misinterpretation? Suppose there were some Muslims, of which there certainly are many, who think the judge ruled rightly as a matter of shaaria law?

    Who cares? The question is whether the legal sanctioning of domestic abuse is just. It isn’t, whether it is done by kooky Christians, fanatical Muslisms, or wrong-headed secularists. Which, I take it, was your point…

    But uh-oh, does this mean we have to reject the facile cultural relativism that has infested much of the academic left?

    (Not you Jill, I think this is a good post and you are definitely on the side of the angels.)

    But doesn’t this kind of ruling bring into stark relief the conflict between feminism and post-modernism?

  2. 2
    ether 3.24.2007 at 2:28 am |

    I’m suprised you posted on this, Jill.

    This is an issue most feminists choose to ignore considering the awkward moral alliance leftists appear to have with Islamists.

    Considering there is no law that morally supercedes the law of Islam, I take Morroco’s laws against beating your wife with a grain of salt. Suely there are laws against beheading Jews in Pakistan, but I highly doubt your average Muslim Pakistani saw much wrong with the beheading of Daniel Pearl.

    I’m not trying to say all Muslims agree with actions such as these, but law and reality are entirely different things.

    I see any light on the subject as a good thing though…

    Although I don’t really see why equivocation and false equivalencies are needed.

    While i’d agree Islam surely does not have a monopoly on misogyny, it’s clearly institutionalized as evidenced with the hijab, the ultimate statement of dominance, submission, and misogyny.

    It’s tiring discussing this subject. Every conversation becomes and indictment of Christianity at the same time. Not that I have a problem with that…

    I just don’t see the necessity.

    Either way, at least your acknowledging the problem.

    Isn’t that the first step?

  3. 3
    itanshi 3.24.2007 at 2:40 am |

    You’re missing the follow up news.

    http://www.myfoxny.com/myfox/pages/News/Detail?contentId=2747535&version=1&locale=EN-US&layoutCode=TSTY&pageId=3.4.1

    He was kicked off the case and condemned

  4. 4
    bean 3.24.2007 at 8:00 am |

    1) itanshi – the judge was a woman (not sure if that changes anything)

    2) the holding has been universally condemned both in Germany and more broadly. Though the ruling is – as Jill rightly points out – appalling and sure to only increase the marginalization of Muslim women in Germany (they already often lack full citizenship rights because of the country’s immigration laws), the case is not likely to have a broad impact or any precedential value. That doesn’t undermine the fact that it’s awful and should be decried, of course.

  5. 5
    Bruce 3.24.2007 at 8:17 am |

    It’s worth noting that under the German legal system, prior decisions by judges have less precedential effect than in English common law systems such as the U.S. system (excluding Louisiana.)

    That said, it seems bizarre that a judge would bend over backwards to apply the laws of another country in a divorce case. At least in the U.S., divorce law is one of the areas where “choice of law” concepts are least developed and local law most likely to prevail.

  6. 6
    zuzu 3.24.2007 at 9:24 am |

    This is an issue most feminists choose to ignore considering the awkward moral alliance leftists appear to have with Islamists.

    And what would this awkward moral alliance be?

  7. 7
    The Left 3.24.2007 at 9:26 am |

    Well, I for one continue to wish for the dominance of 7th century Quranic interpretations over not only Muslim women but all Western European and North American women as well.

    At least #1 and #2, responding to the leftists in their head, now have something concrete to cite next time they spam up the comments with the “Great Leftist-Islamist Conspiracy” macro.

  8. 8
    Anne 3.24.2007 at 9:31 am |

    Silly zuzu — because we don’t like George Bush it means we have to looovvvve radical Islam. See? It’s all so simple.

  9. 9
    zuzu 3.24.2007 at 9:33 am |

    Ah, yes. Dhimmitude!

  10. 10
    exangelena 3.24.2007 at 9:54 am |

    1 – 2 – 3 – CUE THE ISLAMOPHOBES!!!!

  11. 11
    tinter 3.24.2007 at 10:05 am |

    I know that in the UK, the radical left and radical islam are very much in bed with each other. I expect there is a similar set up in other areas- love palestine, hate bush seems to go further than you would expect. Has led to womens rights really falling as a priority though- so its not something I would expect real feminists to be involved with.

  12. 14
    Liz 3.24.2007 at 11:27 am |

    The discussion is so one-sided. Why are these concerns always dismissed and the person who brings it up labeled an Islamophobe. You sound more protective of Islam than protecting women’s rights Why do you never discuss the misogny at the core of Islam. Countries with muslim-majority populations tend to be theocratic. Jill, I never see posts from you discussing the misogny in Islam. European liberals have very different views.

  13. 16
    Moira 3.24.2007 at 11:37 am |

    There is a difference between a nun’s habit and a Saudi woman’s hijab. In recent times, only those women who felt called to the vocation have taken vows and put on the habit. Yes, there are Muslim women who do wear hijab for their own reasons, but they’re very much a minority.

    That said: What the fuck? Look, I’m all for multiculturalism, really I am. But I’m very much against there being any legal reason to beat a woman. Or a man. Or even a child. Or a dog for that matter.

  14. 17
    Sally 3.24.2007 at 11:38 am |

    European liberals have very different views.

    I’m aware of that. I’m also aware that Europe has a somewhat sordid history of dealing with religious diversity. The people who murdered my great-grandparents and sundry other family members for being Jewish? They weren’t Muslim. They were, in fact, the grandparents of many of the people who now presume to lecture me about the misogyny at the core of Muslims’ essential nature. So thanks, but I’m going to take the views of Europeans with a grain of salt on this one.

  15. 18
    Marcy 3.24.2007 at 11:40 am |

    Islamic law may be evolving, but it’s not evolving in a good way.

    What I see happening is that liberals are being way too tolerant towards religion. If someone came up to you on the street and said, “You are a second class citizen not worthy of my respect, and furthermore, since you don’t agree with my basic beliefs, I am entitled to kill you,” you would rightly get the hell out of there and report this nutcase to the police. But if the person had said all those things and then followed up with, “because my God told me so,” then suddenly we have to be tolerant of the misogyny and violence? That’s ridiculous.

    Anyone who thinks that Islam, Christianity, or Judaism are peaceful, loving religions hasn’t read the Old and New Testaments or the Koran.

    From Sam Harris’ “The End of Faith”:

    One of the central themes of this book, however, is that religious moderates are themselves bearers of a terrible dogma: they imagine that the path to peace will be paved once each of us has learned to respect the unjustified beliefs of others. I hope to show that the very ideal of religious tolerance–born of the notion that every human being should be free to believe whatever he wants about God–is one of the principal forces driving us toward the abyss.

    We have been slow to recognize the degree to which religious faith perpetuates man’s inhumanity to man. This is not surprising, since many of us still believe that faith is an essential component of human life. Two myths now keep faith beyond the fray of rational criticism, and they seem to foster religious extremeism and religious moderation equally: (1) most of us believe that there are good things that people get from religious faith (e.g., strong communities, ethical behavior, spiritual experience) that cannot be had elsewhere; (2) many of us also believe that the terrible things that are sometimes done in the name of religion are the products not of faith per se but of our baser natures–forces like greed, hatred, and fear–for which religious beliefs are themselves the best (or even the only) remedy. Taken together, these myths seem to have granted us perfect immunity to outbreaks of reasonableness in our public discourse.

    Then a few pages later, he says this about religious moderates:

    Moderates in every faith are obliged to loosely interpret (or simply ignore) much of their cannons in the interests of living in the modern world.[...]The first thing to observe about the moderate’s retreat from scriptural literalism is that it draws its inspiration not from scripture but from cultural developments that have rendered many of God’s utterances difficult to accept as written. In America, religious moderation is further enforced by the fact that most Christians and Jews do not read the Bible in its entirety and consequently have no idea just how vigorously the God of Abraham wants heresy expunged.

    His basic point is that religious moderates aren’t really adhering to their religion. They are uncomfortable adhering to it b/c in the modern world a lot of it makes no sense. So, yeah, there are Christians who are kind and loving, and Muslims who are peaceful, but the religions themselves are not. And I think the religions themselves should be held up for criticism. Just because there are religious moderates in each of the Abrahamic religions does not mean that the religion is not misogynistic and violent. They most certainly are. And saying that it’s only the work of a few crazed wacko fundies misses the point. The wacko fundies are actually living by the letter of the law. Well, everyone knows the Bible is symbolic and not to be taken literally. Well, which parts are symbolic? How do you know? Most people assume the worst parts are symbolic. But our decision is based on reasonableness and what we’ve learned and developed over the last few millenia. It wasn’t developments in the religion which led us to make changes; it was developments in secular society which led us to be slack about certain passages because they offend our modern sensibilities. The fact that we no longer kill women who aren’t virgins on their wedding night (Deuteronomy 22:13-21) doesn’t mean that the God of the Jews decided to be nicer about it and rescind that passage; it’s that we collectively stopped believing it.

    So, yes, individual people can be perfectly nice and moral, but their religions are not and I think the religions are up for grabs in terms of fault finding. We are allowed to find fault with anything else in our culture, except religion and our refusal to criticize people of faith out of a misplaced desire to embrace multiculturalism and tolerance is going to be our downfall.

  16. 20
    Lesbia's Sparrow 3.24.2007 at 11:40 am |

    “The misogyny at the core of Islam”?

    How about the misogyny at the core of Christianity?

    Religious fundamentalists the world over are enormously, horribly misogynist; it isn’t an Islam-specific thing. Condemning one group of people because of their religion and ignoring another religious group (in our own country, no less) who mandate the same thing is the height of hypocrisy.

  17. 24
    Marcy 3.24.2007 at 12:30 pm |

    So why not focus on the oppressive people and hold them accountable for their actions, regardless of how they justify them?

    That’s a good point. I was ready to jump on board with that until I realized that it does matter how they justify it. If someone uses their religion to justify their behavior, then they aren’t being reasonable and rational. They won’t be amenable to any discussion about human rights violations. They’ll just point to passages that say “death to infidels,” and “stone your disobedient son.” The only way to argue with them is to use the same holy books and find passages that support your belief, and I gotta say, I think if you took a census of bad passages and good passages, you’d find the bad outweighing the good. Even Jesus wasn’t all sweetness and light. Matthew 10:34-36–”Think not that I am come to send peace on earth: I came not to send peace, but a sword. For I am come to set a man at variance against his father, and the daughter against her mother, and the daughter in law against her mother in law. And a man’s foes shall be they of his own household.”

    But I do agree with you that we should focus on the behavior more, b/c they will take an attack of their religion more personally than an attack on their behavior, and will thus become more entrenched and think we are even more of an infidel than before. So, it probably is a good tactic to stay away from direct criticism of their religion.

    But as an atheist, I would like to see the day when people are more reasonable and rational about how they approach the world and the people in it. I think religion needs to go the way of the dinosaur so that loving, compassionate ideas can really bloom and grow among people. Religion is simply too divisive to be of much good anymore. Spirituality is fine. Religion is bunk.

  18. 26
    Heliologue 3.24.2007 at 1:28 pm |

    A cultural milieu? Sounds a lot like a “You people” kind of remark to me. You know, the same kind of horseshit that we used on blacks for so many years. i.e. “You people beat your wives all the time.” Nice, big, fat generalization: no fuss, no muss.

  19. 27
    Oni Baba 3.24.2007 at 1:38 pm |

    I clicked on the hyperlinked and I found myself on the “Christian Domestic Discipline” website. WTF?!? At first I wasn’t sure this thing was either a joke, an S&M site marketed for Christians, or the real (fundamentalist) thing. Apparently, it’s the latter one…

    It seems that “Christian Domestic Discipline” is the same thing as “Taking in Hand” (see http://www.takeninhand.com, if you can stomach Fundies justifying round-the-clock psychological submission, sexual accessibility, physical abuse and rape as the basis of a “true loving – heterosexual – relationship).

  20. 28
    ether 3.24.2007 at 1:50 pm |

    Jill, all of the things you listed: nuns, Jewish women, etc. are all examples of institutionalized misogyny. But you know that.

    The difference is I don’t point to their general acceptance as a reasoning for accepting the hijab and the misogyny of Islam. I can differentiate between degrees of misogyny, but at the same time believe all are wrong.

    Not too hard.

    You’re perfectly displaying the awkward moral alliance I mentioned. Instead of condeming Islamic misogyny on its face you seek to equivocate rather than allign with your conservative counterparts and appear critical of Islam. Because leftists hate conservatives with all their lil’ heartts, they can’t handle standing on the same moral footing as them on virtually any discussion. They have to add qualifiers to their agreement…

    Something like…

    “Why yes, Islam does have misogynistic elements but no more than Christianity, blah, blah, blah.”

    They always have to add an equal condemnation of Western culture.

    Doesn’t work well with me considering i’m not a Christian and won’t fall into a discussion trying to rationalize Christianity.

    Although, it’s laughable to even consider the brutality of modern Christianity at the same level of Islam, but you are correct, both have institutionalized the second-class status of women.

    The difference is that while there are fringe groups who support beating your wife in Christianity, there is no grand theological debate over whether or not its accepted.

    Step over to askislam.org and get back to me on whether or not abusing your wife is a settled issue.

    Maybe you see abuse through the prism of cultural relativism when viewing other countries, I don’t know. But I do get the sense anything short of my tax dollars paying for your HPV shot is considered abuse here.

    You say:

    Many of us, though, don’t buy that the ideal that Islam is the root of all misogyny in the Middle East, or that we need to step in and save the poor little Muslim ladies.

    But don’t add any input as to what you think it could be…

    Maybe the the brutal male zeitgeist that plagues the world with its dominant tendencies?

    I don’t know, but your opinion it’s not Islam should apparently be enough for me.

    Anything else and i’m obviously “historically ignorant.”

    Let’s talk simplistic.

  21. 29
    Alix 3.24.2007 at 2:04 pm |

    But as an atheist, I would like to see the day when people are more reasonable and rational about how they approach the world and the people in it. I think religion needs to go the way of the dinosaur so that loving, compassionate ideas can really bloom and grow among people. Religion is simply too divisive to be of much good anymore. Spirituality is fine. Religion is bunk.

    As a spiritual/religious person myself, I almost agree with you. I certainly agree that we could use more reason and rationality.

    I’m curious, though, how you define religion as opposed to spirituality. (I study this stuff, so please don’t take this as confrontational.) Do you believe that it’s impossible to be religious and rational?

  22. 30
    Alix 3.24.2007 at 2:10 pm |

    If someone came up to you on the street and said, “You are a second class citizen not worthy of my respect, and furthermore, since you don’t agree with my basic beliefs, I am entitled to kill you,” you would rightly get the hell out of there and report this nutcase to the police. But if the person had said all those things and then followed up with, “because my God told me so,” then suddenly we have to be tolerant of the misogyny and violence? That’s ridiculous.

    Erm, no kidding. But it’s not a liberal position. Anyone, religious or otherwise, who comes up to me, calls me a second-class citizen, and wants to kill me is nuts. Religion is just that nut’s way of justifying it.

    You are also making the assumption that the second-class citizen and killing stuff is something all Muslims believe. Nonsense. That you believe this shows that you’re either prejudiced or ignorant.

    You know something, though? That hypothetical someone in your story sounds very much like many a conservative Christian man. If you hadn’t posted it in a thread on Islam, I’d've thought we were talking about, oh, the wifebeaters of America or something.

    Just goes to show that what we hate and fear in others is the monster in the mirror.

  23. 31
    Raincitygirl 3.24.2007 at 2:12 pm |

    Let’s talk about Islamic feminism, an indigenous movement that has arisen in many majority Muslim countries. It is entirely possible to be a committed feminist and also a devout Muslim, just like it’s entirely possible to be a feminist and a devout Christian. Islamic feminists look to the Koran as providing support for their criticism of patriarchal societies. They don’t need to be rescued from their oppressors, they just need our support in fighting the oppression themselves.

  24. 32
    zuzu 3.24.2007 at 2:26 pm |

    You’re perfectly displaying the awkward moral alliance I mentioned.

    Sure, you alluded to something, but you’ve never actually proved it exists.

    Instead of condeming Islamic misogyny on its face you seek to equivocate rather than allign with your conservative counterparts and appear critical of Islam. Because leftists hate conservatives with all their lil’ heartts, they can’t handle standing on the same moral footing as them on virtually any discussion.

    What is this moral footing you’re speaking of? You keep typing, and words appear on the screen, but they make no sense.

  25. 33
    Alix 3.24.2007 at 2:45 pm |

    Every man who prays or prophesies with his head covered dishonors his head. And every woman who prays or prophesies with her head uncovered dishonors her head—it is just as though her head were shaved. If a woman does not cover her head, she should have her hair cut off; and if it is a disgrace for a woman to have her hair cut or shaved off, she should cover her head. A man ought not to cover his head, since he is the image and glory of God; but the woman is the glory of man. For man did not come from woman, but woman from man; neither was man created for woman, but woman for man.

    As in all the congregations of the saints, women should remain silent in the churches. They are not allowed to speak, but must be in submission, as the Law says. If they want to inquire about something, they should ask their own husbands at home; for it is disgraceful for a woman to speak in the church.

    Now kill all the boys. And kill every woman who has slept with a man, but save for yourselves every girl who has never slept with a man.

    Yeah … What religion are we condemning again? One more quote then I’ll stop:

    “Do not judge, or you too will be judged. For in the same way you judge others, you will be judged, and with the measure you use, it will be measured to you.
    “Why do you look at the speck of sawdust in your brother’s eye and pay no attention to the plank in your own eye? How can you say to your brother, ‘Let me take the speck out of your eye,’ when all the time there is a plank in your own eye? You hypocrite, first take the plank out of your own eye, and then you will see clearly to remove the speck from your brother’s eye.

    Funny how many people miss these things…

  26. 34
    ether 3.24.2007 at 3:04 pm |

    Zuzu:

    The moral footing i’m referring to is the simple idea that Islamic misogyny is bad.

    Not too hard.

    I guess I tried to “prove” the awkward moral alliance of the left and Islam by pointing out Jill’s tireless equating of Islam with Christianity. Instead of confronting each unto itself she has to snipe at Christianity while discussing Islam in hopes of distancing herself from conservatives who may be speaking similar ideas.

    It often causes the victim to be defending against the things, ideologically, they are supposed to be against.

    Vis a vis your disenfranchised hijab post.

    LMAO.

    But back to Jill…

    In order to maintain her multi-cult street cred she has to minimize the role of Islam and instead infer some type of fascist boogeyman.

    After decades of feminist shitting on the church for its patriarchy and role in hundreds of years of shitting on women, we now finally understand that it isn’t ignorant religions after all… Just inherently evil people who create systems of control.

    Thanks Feminism, what is it now, 9.0?

    I guess it’s a chicken and the egg kind of thing.

    Either way, as long as religion is in the light, i’m happy.

  27. 35
    exangelena 3.24.2007 at 3:11 pm |

    Jill – This sort of stuff makes me so angry that I wanted to leave comments, but you’ve done such a great job that all I’m going to say is, “Everything Jill said” :)

    I will add these two things:
    1.) While I know that there is secular/atheist criticism of Islam (along with other religions), especially in Europe, in the US, the vast majority of criticism is done by conservative Christians and sometimes Jews, who dislike misogyny associated with Islam because they dislike Islam, and turn a blind eye to misogyny associated with Christianity and Judaism. In fact, although they may not approve of burqas, their ideas about women are often no different from that of sexist Muslim men.
    2.) Feminists and humanitarian groups were the only ones who did care about the plight of women in places like Afghanistan and until 9/11, when it became wrapped up with the war on terror.
    3.) While wife-battering may be part of Moroccan/Muslim culture (and is unfortunately part of the culture in all misogynistic societies), this woman as well as many other Muslim men and women have condemned it. They are Muslim, shouldn’t they have a better idea of their culture than a non-Muslim?
    4.) I’m of Japanese descent, although I was born in America. Still, if culture is destiny, then is a Japanese-American man allowed to lock me up and force me to prostitute myself, because geishas were/are part of Japanese culture?

  28. 36
    exangelena 3.24.2007 at 3:12 pm |

    Jill, since you identify as a Christian, I wondered if you would write a post about being a Christian feminist, since so many feminists are secular/atheist. I think that it would be a fascinating topic.

  29. 37
    Alix 3.24.2007 at 3:35 pm |

    The moral footing i’m referring to is the simple idea that Islamic misogyny is bad.

    Except this post isn’t about Islamic misogyny. It’s about a German judge’s misogyny and bigotry.

  30. 38
    Lesbia's Sparrow 3.24.2007 at 4:14 pm |

    Why is it odd to point out religious misogyny in more than one religion?

    I don’t like the attitude I hear from a lot of self-described conservatives that Islam is bad because people do bad things in its name; pointing out that people do bad things in the name of Christianity, too, means that one has to be consistent. Either a religion is bad when people do bad things in its name (and then Christianity is bad, too), or else the people who do the bad things are bad, regardless of their excuses.

    I’m not entirely sure which side I fall on here, but one can’t make one claim for Christianity and a different one for Islam.

  31. 39
    Marcy 3.24.2007 at 4:22 pm |

    You are also making the assumption that the second-class citizen and killing stuff is something all Muslims believe. Nonsense. That you believe this shows that you’re either prejudiced or ignorant.

    You know something, though? That hypothetical someone in your story sounds very much like many a conservative Christian man. If you hadn’t posted it in a thread on Islam, I’d’ve thought we were talking about, oh, the wifebeaters of America or something.

    Just goes to show that what we hate and fear in others is the monster in the mirror. [...]

    Yeah … What religion are we condemning again? (quote biblical passage) [...]

    Funny how many people miss these things…

    I didn’t miss anything, Alix. If you go back and read my first comment (#18), you’ll see that I impugn all the Abrahamic religions for being misogynistic and violent. I’m an equal-opportunity religion basher.

  32. 40
    piny 3.24.2007 at 4:29 pm |

    Why is it so clear that it is a misinterpretation? More importantly, do you think it matters that it is a misinterpretation? Suppose there were some Muslims, of which there certainly are many, who think the judge ruled rightly as a matter of shaaria law?

    It’s not a misinterpretation of the text–although that’s a pretty good indicator of whether or not this judge is racist. It’s a misinterpretation of the position of the text.

    I don’t think that this judge would agree that, say, a Christian wife should expect to be beaten by her husband because some Christians believe that they are obligated to beat their wives. There’s no imputed consensus; we recognize that Christians are a large and highly diverse group, and that Christianity, like all religions, contains a lot of internal controversy.

    Islam also contains a lot of internal controversy, much of it based on interpretation of its own text. It can’t not; it’s a major religion with adherents living very different lives all over the world. If the judge failed to recognize this, then she does not understand that Islam is a proper religion, and she probably holds some pretty insulting and disturbing beliefs about the people who practice it.

    After decades of feminist shitting on the church for its patriarchy and role in hundreds of years of shitting on women, we now finally understand that it isn’t ignorant religions after all… Just inherently evil people who create systems of control.

    Why are all the decent trolls over at pandagon?

  33. 41
    Marcy 3.24.2007 at 4:37 pm |

    I just had a thought. The idea that we can’t criticize Islam b/c Christianity isn’t perfect is ludicrous. We don’t have to be perfect to see flaws in something, and it’s not necessarily hypocritical to criticize something, provided we acknowledge that we aren’t perfect.

    It’s like someone getting told that they don’t have a right to offer parenting advice if they don’t have kids. Or my managers at work telling us that we have it good compared to people in third world countries who have to ask permission to use the restroom (yes, this kind of thing is said). Just because it could be worse doesn’t mean we don’t have a right to complain and try to make it better.

    Religion and culture are connected, sure, but they aren’t synonymous. You can criticize a religion without being a bigot or a racist or intolerant of multiculturalism. Food and culture are connected, but no one thinks you’re a racist if you say, “I don’t like flan.” And if you say, “I don’t like Islam,” it doesn’t make you a racist. How come the only religion white people are allowed to criticize is Christianity? Since all religions function the same (people do and believe what authorities and holy books tell them), then they are all equally up for grabs for criticism.

  34. 42
    zuzu 3.24.2007 at 4:43 pm |

    I just had a thought. The idea that we can’t criticize Islam b/c Christianity isn’t perfect is ludicrous.

    Certainly. But who’s saying that?

    It’s a both/and proposition, not either/or. Both Christianity AND Islam have problems with misogyny!

    However, I think it’s important, when criticizing Islam, not to fall into the kind of thinking that ethel is displaying — that ONLY Islam is worthy of criticism, or that criticizing Christianity when things are bad in some Islamic countries is some kind of way of excusing misogyny in Islam.

    I, for one, am capable of holding more than one idea in my head at a time.

  35. 43
    zuzu 3.24.2007 at 4:43 pm |

    Why are all the decent trolls over at pandagon?

    Troll-bogarters.

  36. 44
    piny 3.24.2007 at 4:57 pm |

    However, I think it’s important, when criticizing Islam, not to fall into the kind of thinking that ethel is displaying — that ONLY Islam is worthy of criticism, or that criticizing Christianity when things are bad in some Islamic countries is some kind of way of excusing misogyny in Islam.

    Right. Plus, when you agree that violent misogyny is intrinsic to being Muslim, you’re ceding the entire faith and all its potential variations to the violent misogynists. Then women who would like to be Muslim but who would not like to be beaten by their husbands get kind of screwed over.

  37. 45
    Marcy 3.24.2007 at 5:04 pm |

    Me: “The idea that we can’t criticize Islam b/c Christianity isn’t perfect is ludicrous.”

    Certainly. But who’s saying that?

    Well, I might be over-reading into things, but I get that impression from some of the comments.

    Both Christianity AND Islam have problems with misogyny!

    Don’t forget Judaism. And don’t forget violence. Misogyny and violence.

    As I said, I’m an equal-opportunity basher. By criticizing Islam, I’m not implying anything whatsoever about Christianity, Judaism, or Zoroastrianism, for that matter.

    Here’s a site criticizing Islam by people who are allowed to…former Muslims. Interesting.

  38. 46
    Alix 3.24.2007 at 5:11 pm |

    I didn’t miss anything, Alix.

    My comments were not directed solely at you. I’m sorry if it seemed that way.

  39. 47
    Alix 3.24.2007 at 5:15 pm |

    Marcy at 41:

    1. Criticizing one religion does not excuse another.

    2. Many, many people I’ve met online and in person believe that Islam is evil but Christianity is OMG SO PURE. My comments criticizing Christianity were an attempt to puncture that particular ego-bubble.

    3. In this case, the faults of Islam are a complete non-sequiter.

  40. 48
    Lindsay 3.24.2007 at 7:33 pm |

    If they won’t let her divorce, then the next time he tries to beat her, she takes a gun to his fucking head.

  41. 49
    Trevelynne 3.24.2007 at 8:11 pm |

    Domestic violence is not solely an Islamic issue, and this particular decision is not representative of Islamic thinking – it is representative of the thinking of a German judge.

    The judge decided to pick and choose various portions of a religious document in order to condone/legitimize/encourage domestic violence. She interpreted this document in a way to further her own misogynistic (and I would argue racist and xenophobic) beliefs. This misguided attempt at cultural sensitivity makes a mockery of the idea of cultural sensitivity and only serves as a basis to legitimize violence against women in Germany (in particular, Muslim women).

    I live in Germany. For me it is interesting to think about why a judge would think that this would be an appropriate decision to make. I think it has a lot to do with how Muslim women are treated in this country. Germany (as well as other Western European countries) has gone out of its way to punish Muslim women for being Muslim women. I see this decision as part of this trend.

    The people that I have spoken to about this topic here tend to focus on the real problem with this decision: the legitimization of domestic violence against women in Germany by a German. They do not go off on rants about Islam because that is not the point of the outrage over this decision (that’s not to say that a discussion of religion and feminism isn’t a worthy one to have, but to do so in regards to this topic only serves to pull the blame away from the judge and her actions).

  42. 50
    Alix 3.24.2007 at 8:29 pm |

    Besides, has it ever occurred to the people who use this case to rant against Islam that they’re agreeing with the judge?

  43. 52
    Sylvs 3.24.2007 at 8:50 pm |

    Oh lordy. I cannot believe he/she just cited askislam.org. If he/she had even *any* semblance of credibility he/she would know that the site hardly a bastion of Islamic jurispudence. But that would take work and reading stuff (sometimes in foreign languages, the horror!) and well, eh…why bother when I can just look up a website put up by some random asshole that costs $12.95 a year?

    What really strikes me about this whole concept is that you have people like Ether and Marcy who are condemning a whole legion of people (yes, human beings and not animals) and doing so from a *humanist* perspective, no less!?

    :: dumbfounded stare ::

    They (Muslims) are mothers and daughters, fathers and sons who have the same abilities and needs to love and be loved NOT UNLIKE YOU. What does it say when you have so little faith in 1.2 BILLION people? Do you really think that any culture just accepts the blanket violence against their women across the board? Or could it be :: ghasp :: a wee bit more complicated than that? Do you really think that half a billion women just kind of wake up every morning and go “Hmm, I think I’ll gets me a beatin’ today after prayer cause that’s what Allah’s asked of me! Amen, Praise the Lord!!” Or that their husbands are thinking, “What better way than to show my piety by beating my wife senseless! Allahu Akbar!”

    Somewhere in the recesses of your sanctimonious little heart it would mean you have to allow some leeway in that shallow mind of yours for all the shades of gray that involves the level of complexity pertaining to this issue such as (but not limited to) religion, misogyny, patriarchy, multiculturalism, domestic and internation law, human rights, and free will. But again, why do that when you can just take the intellectually less inferior and yes, less human, approach.

  44. 53
    MuslimFeminista 3.24.2007 at 8:56 pm |

    If they won’t let her divorce, then the next time he tries to beat her, she takes a gun to his fucking head.

    Hell yes.

  45. 55
    Eve 3.25.2007 at 2:40 pm |

    Jill, I always knew you were truly awesome.

  46. 56
    Raincitygirl 3.25.2007 at 2:50 pm |

    Awesome post, Jill.

    A similar case happened in Quebec some years ago. The (female, I believe) judge gave a reduced sentence to a man who’d been convicted of raping his young stepdaughter. The reason she gave for the shortness of the sentence? He and his victim were both Muslim, and since he had only raped her anally, not vaginally, he should be given credit for preserving his victim’s virginity. According to this judge, s/he had to take these cultural factors into consideration and thus judge him less harshly than a non-Muslim man who raped his stepchild.

    Needless to say, Muslim Canadian groups were fucking furious. I think it was a rare moment of total unanimity. I don’t recall this judge, who like the German one relied on her own interpretation of Islam to come to a conclusion supported neither by Canadian criminal law nor by religious authorities, ever really got what all the fuss was about. And a lot of the public discourse degraded into “Those Muslims are just savages who want to rape their children, and look, multiculturalism means immigrants get preferential treatment” despite the fact that the only person expressing that point of view was the judge.

    She seemed blissfully unaware of the implications of her decision, namely that:
    a) we can’t expect Muslim men to keep to the same laws as all the other men in Canada. They’re just not that civilised.
    b) this child suffered less than a non-Muslim child rape victim would have, or at any rate, her suffering is of less consequence to the legal system because she’s just a Muslim child.

    And not too long ago, a (white) Australian judge gave an Aborigine man who’d raped a 14-year old girl a reduced sentence on the grounds that his cultural traditions were such that he didn’t realise he had to stop when his “fiance” tried to fight him off. The implications being once again that men of Race X are lower beings than other men, and just aren’t capable of understanding basic concepts of civilised behaviour. And of course that women of Race X are even lower beings, who should just put up with being treated like dirt because they were dumb enough to get themselves born into a culture where (according to the judge) they aren’t worth anything.

    It always makes me wonder if the judge would be so ‘understanding’ of the poor, put-upon defendant if he were still Moroccan/Muslim/Aborigine but his victim were white. I’m thinking they wouldn’t be nearly so eager to cite cultural traditions as an excuse. Call me a cynic, but I bet if the victims had my skin tone, my accent, and my middle-class WASP background, the defendant wouldn’t get nearly so much sympathy. If he’s only abusing women of his own marginalised group, he’s not a threat to anyone who matters. Women of colour always seem to be at the very bottom of the pyramid.

  47. 57
    Benji 3.25.2007 at 4:31 pm |

    Bloody hell, I always thought Germany was a civilised nation. I hope that judge gets tossed out of her courtroom for such an apalling ruling.

  48. 58
    Jeffrey 3.27.2007 at 5:40 am |

    Benji: She has.

    As for the larger discussion on religion and gender, there is no mainstream religion that is misogynistic (certain ancient pagan ones, yes, but not Christianity, Judaism, Islam, Hinduism, or Buddhism). Every religious text that I know of can be read to justify nearly anything, depending on what you take literally and what you take figuratively, but it a stretch to get misogyny out of them. God knows, it took several hundred years for the Catholic Church to wipe out the most egalitarian strains of Christianity, despite having the might of the Roman Empire behind them.

    The Qu’ran has particular problems with this because when it was written down there was no language called Arabic. It is an amalgam of many different tribal languages (we still see remnants of these in the fact that it’s difficult for an Iraqi and a Syrian to understand each other, even though they’re both speaking Arabic). So, there are a lot of homophones, and differing possibilities for many words, depending on the origin chosen. For example, the word that many conservative Muslims translate as “beat” in the context of marriage can also be translated as “leave.” Likewise, it’s possible that heaven is filled with “white grapes” rather than “70 virgins.” The translations we in the west have heard of (beating and virgins) all come from the government of Saudi Arabia, which is misogynistic for reasons completely unrelated to Islam.

    Finally this “Judge” obviously has less knowledge of Sharia than I (a white college student who’s never left the US) do. Sharia is Islamic law. Nowhere in the Qu’ran does it say that Muslims living in a non-Muslim state should live by Sharia; that’s a ridiculous idea and contrary to many other concepts in Islam. As well, there are many, many different schools of Islamic jurisprudence. The Grand Mufti of Egypt and Ayatolla Khamenei, for example, don’t always agree.

  49. 59
    Sylvs 3.27.2007 at 1:02 pm |

    The Qu’ran has particular problems with this because when it was written down there was no language called Arabic. It is an amalgam of many different tribal languages (we still see remnants of these in the fact that it’s difficult for an Iraqi and a Syrian to understand each other, even though they’re both speaking Arabic). So, there are a lot of homophones, and differing possibilities for many words, depending on the origin chosen.

    While I understand you meant well, you are very mistaken. Spoken Arabic and Written Arabic not one and the same. There are many *MANY* dialects but there is only one proper way to speak and write PROPER Arabic. So while the Syrian and Iraqi may not understand one another’s dialects, if they spoke to one another in Proper Arabic (or ‘Arabi Fus’ha), they would be speaking in exactly the same vernacular.

    Secondly, no Arabic before the advent of the Quran? Surely, you jest? That is so historically inaccurate, I don’t even know where to begin.

    I know you mean well, but please, please, PLEASE be careful when speaking/commenting/writing about any one topic-esp in light of a topic you’re not fully versed in. Or at the very least add a disclaimer like (?) at the end of the sentence.

  50. 60
    roula 3.28.2007 at 8:33 pm |

    hey jill- i’m several days late reading this but i’m hoping you are still checking comments because i wanted to tell you thanks for writing this post, and thank you in particular for writing the following:

    …But there isn’t anything unique to Moroccan “cultural background” which makes abuse acceptable or oppression any more debilitating in Morocco than elsewhere. A woman is beaten every 9 seconds in the United States. Nutty Christian sects promote “domestic discipline.” Domestic violence is a pervasive and wide-spread problem, and affects women of every nationality and religious (or non-religious) tradition. And while one German judge’s interpretation of Islamic law may serve as a sufficient cover for her own misogyny and her general failure to properly uphold German law, it does not actually say much of anything about Islam, the experience of Muslim women, or the supposed battle of values between the “West” and the Muslim world. And I’m pretty sure that Morocco is west of Germany anyway.

    …This does not need to be framed as yet another example of how backwards Islam is — because while domestic violence is certainly ass-backwards, it’s not an Islamic invention, and the decision to justify that abuse came from a supposedly enlightened Western woman.

    sorry for the long quote, but all of it was important to me. i just got through reading a comments thread at pandagon where i was starting to get some weird “at least our misogynistic culture isn’t disgusting like THEIR misogynistic culture is!” -type vibes, and i wish that more people instead thought about stuff like this the way that you’ve spelled it out right here. bleh. i don’t want to cross-bitch too much though, just, right on.

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