Court Eu: illegal divorce private islamic. And in Tunisia, women will be able to marry non-muslims
14 Eylül 2017 Perşembe 05:09 - 13 reads.
The dissolution unilateral muslim marriage in front of a court religious is not; to be considered legal: Court of Justice of ’european Union expresses itself on so-called divorce private, muslims, after appeal of a woman, syrian-German.According to Court of Eu, so-called divorce private islamic violate principle of gender non-discrimination enshrined in Charter of fundamental rights, because (according to sharia) are only husbands can require that. Must not be recognized within boundaries of ’european Union, sinceé pronounced without decision of ’authorityà court or public with effect of incorporation.The protagonist of story over on bench of Court of Justice of Eu, is couple syrian-German formed by Soha Sahyouni and Raja Mamisch, both resident in Germany: in 2013, husband è went to Syria to ask for divorce from his wife, and his representative has pronounced formula of rite, in front of a court religion. Later, woman signed a declaration, in which “acknowledged y have received all benefits which, according to law religious, were due on basis of contract of marriage, and because of divorce, unilateral husband, freeing him from every obligation towards her”.Back in Europe, l’man asked for recognition of a divorce in Germany, getting it in front of higher regional Court (Oberlandesgericht) of Munich, who applied Rome III regulation of ’european Union, allowing international couples to designate in advance, by common agreement, law applicable to divorce and legal separation. A provision forò disputed by wife, that led German court to refer case to Court of Justice of european union.Unlike German legislature, european Court has forò judged regulation is not applicable, becauseé court is religious does not belong to a Country and divorce is granted solely on basis of a declaration d’intent of ’man. In addition, « right of syrian did not confer on wife same conditions of access to divorce granted to husband». Therefore, divorce required in such circumstances should never be recognised by member States of ’european Union. In Tunisia, meanwhile, a new norm stipulates a freedom; so far denied to women: from now on can finally marry who y want, a chanceà is prohibited by a law of 1973, which, until recently, allowed m to unite in marriage only with muslims. The new law bears signature of minister tunisian Justice, Ghazi Jeribi, for which ban hirto applied goes against Constitution, but also against international agreements signed by Tunisia.The turning point came after speech pronounced in August by president of Republic Beji Caid Essebsi, during Feast of Woman, on which occasion he is said to want to reach all’absolute equality between two sexes through two proposals, which have sparked heated controversy in muslim world.The first è was creation of a Commission of libertà individual and of 'equality, in charge of preparing a report on reforms necessary to get to parità, in compliance with Constitution of 2014, and of international human rights standards. At top of questions to be addressed l’equality of woman on floor hereditary. The second proposal was revision of circular of 5 November 1973, which prevented tunisian to choose whom to marry.A libertà, which can be added to anor important recognition of rights of tunisian women: l'approvaizone of law against gender violence, and to stop rule that allowed shotgun wedding, a sort of "forgiveness" for rapists, abolished in summer.