By SHEEMA KHAN

TORONTO, ONTARIO – Public focus on domestic violence is relatively new. In 1982, a chorus of laughter in the House of Commons greeted NDP MP Margaret Mitchell’s mention of a report on wife-beating. On occasion, our judges have made insensitive remarks about violence against women. In 1989, Quebec Court Judge Denys Dionne observed during a trial that “rules are like a woman, they are made to be violated.”

Today, such comments would be met with wide public outrage. Zero tolerance means there is no plausible excuse for allowing a man to beat his wife or partner. Many nations also have come to abide by this principle.

Yet, such was not the case in Germany last year, when Judge Christa Datz-Winter cited the Koran in turning down a German Muslim woman’s request for a speedy divorce on the ground that her husband beat her. The judge noted the couple were of Moroccan culture, in which “it is not unusual that the husband uses physical punishment against the wife.” The Koran, she wrote in her decision, sanctions such physical abuse.

The ruling was condemned by all corners of German society, including the Muslim community. Everyone agreed that German law should supersede any cultural or religious context. Muslim leaders were also offended by the judge’s interpretation of the Koran. Her clumsy attempt at multicultural understanding turned out to be a serious judicial misstep. For this, she was removed from the case. Interestingly, neither culture nor the Koran was cited by the defence.

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