9 October 2010
A leading law professor has contradicted Chancellor Angela Merkel’s statement that Sharia law was not practiced in Germany, saying a variety of Sharia-based rulings were being made all the time. “We have been practising Islamic law for years, and that is a good thing,” Hilmar Krüger, professor for foreign private law at Cologne University, told Der Spiegel magazine.
Family and inheritance rulings were often made according to Sharia law, he said, listing a range of examples. Women who are in polygamous marriages legal in their countries of origin can make claims of their husbands in Germany regardless of the fact that their marriages would not be lawful here. They can claim maintenance from their husbands and a share of an eventual inheritance, said Krüger.
Erlangen lawyer and Islam scholar Mathias Rohe told the magazine that the use of laws from various countries was an expression of globalisation. “We use Islamic law just as we use French law,” he said. While Canada, for example, does not recognise any foreign laws, the German legal structure allows some to be upheld — as long as they do not contradict the constitution.
