https://www.gatestoneinstitute.org/13444/germany-child-marriage-law
The ruling, which effectively opens the door to legalizing Sharia-based child marriages in Germany, is one of a growing number of instances in which German courts are — wittingly or unwittingly — promoting the establishment of a parallel Islamic legal system in the country.
“Germany cannot, on the one hand, be against child marriages internationally, and on the other hand, be for such marriages in our own country. The best interests of the child cannot be compromised in this case. (…) This is about the constitutionally established protection of children and minors!” — Winfried Bausback, Bavarian lawmaker who helped draft the law against child marriage.
“We should consider one more thing: judgments are made ‘in the name of the people.’ This people has clearly expressed through its representatives in the Bundestag that it no longer wants to recognize child marriage.” — Commentator Andreas von Delhaes-Guenther.
The Federal Court of Justice (Bundesgerichtshof, BGH), Germany’s highest court of civil and criminal jurisdiction, has ruled that a new law that bans child marriage is unconstitutional because all marriages, including Sharia-based child marriages, are protected by Germany’s Basic Law (Grundgesetz).
The ruling, which effectively opens the door to legalizing Sharia-based child marriages in Germany, is one of a growing number of instances in which German courts are — wittingly or unwittingly — promoting the establishment of a parallel Islamic legal system in the country.
The case involves a Syrian couple — a 14-year-old Syrian girl married to her 21-year-old cousin — who arrived in Germany at the height of the migrant crisis in August 2015. The Youth Welfare Office (Jugendamt) refused to recognize their marriage and separated the girl from her husband. When the husband filed a lawsuit, a family court in Aschaffenburg ruled in favor of the Youth Welfare Office, which claimed to be the girl’s legal guardian.
In May 2016, an appeals court in Bamberg overturned the decision. The court ruled that the marriage was valid because it was contracted in Syria, where, according to Sharia law, child marriages are allowed. The ruling effectively legalized Sharia child marriages in Germany.
The ruling — described as a “crash course in Syrian Islamic marriage law” — ignited a firestorm of criticism. Some accused the Bamberg court of applying Sharia law over German law to legalize a practice banned in Germany.