Interview with the Jura Professor and Islam Scientist Mathias Rohe
Mathias Rohe is judge at the OLG A.D. and professor for bourgeois law, international private law and comparison compared to the University of Erlangen-Nurnberg. In addition, he is Islam scholar and among other members of the company for Arab and Islamic law e.V.. In the Konrad Adenauer Foundation Tape Religion in public space he wrote the article about Islamic legal negative. A contribution that already mentioned in the face of the lasting discussions "Peacage" of some interest is.
Mr. Rohe, you write, "Phenomena of an alleged ‘Sharia parallel justice’ are actually as largely ethnically cultural, so not religious-legally oriented mechanisms under the involvement of Kurdish coarse clans, are in addition to the few documents." – You can get that a bit?
Mathias Rohe: That’s complex: we know there are problems with parallel structures, but we do not know how gross these problems are. We have nothing quantifiable. Why not?
Mathias Rohe: Because we do not have research about it. We try it, I’m on appropriate research, but we basically have anecdo knowledge of some fall, but we just do not know anymore. How could you explore the?
Mathias Rohe: By empirical field research, and there we are just there. Above all, I am particularly important to me: this is not an Islam theme! Islam can be a topic here. But it’s about population groups relatively isolated, culturally segregated, life – and the people can be of different ethnic origin and religious background. How do you know that??
Mathias Rohe: We know that through a working group of the Bavarian Ministry of Justice I have led to these topics. There we simply have information from various social institutions, migrant organizations – also carried together by Muslim side, prosecutors and other institutions. And that’s the important thing about the matter. From my point of view, we have to think about simple and moving: Where do the problems begin?
"Organized crincentate does not judge to Islamic principles, but according to the mechanisms of ancient cultural coarse clan structures"
What does that mean, where do you start?
Mathias Rohe: It is already in principle already and good, and is also required by the German legal system that conflicts are also enclosed. Then not everyone has to race straight to court. Problematic will be there where people are forced to be for such exercise court mechanisms and where the mediation does not happen fairly, but the stronger can dominate the weaker, and where the one who is used for mediation is not neutral. And that’s exactly the problems like to give trap to which you want to play … The book judge without law: Islamic parallel justice danger our constitutional state of Joachim Wagner you have read safely ..
Mathias Rohe: Jaaaa … The trap are well documented, that’s done! But: My view of things is that just that just in this milieus – and it is often about organized criminality – not judged to Islamic principles, but simply and moving according to the mechanisms of ancient cultural coarse clan structures. Considering what offenses it goes and what quarrels: that’s not exactly the mutatis box of Frommer Muslims. However, you also have to say that there are occasionally in the Muslim spectrum people who occur there and play themselves as Islamic peace judge or play. For example?
Mathias Rohe: For example, this Mr. Allouche in Berlin. Or others. Sometimes they do even very useful things, for example, when it comes to bloodholding phenomena and then try – this is naturally punishable with us, but something there is still a stop – that you try to come to a satisfying solution: that’s yes, in principle, also buried again. But even then start the problems: if we have a state criminal case, then you can not easily undergo private arrangements. The state has an interest in that there is no crincentat instead of. A question to Wagner. Their two items differ in the fact that Mr. Wagner rather rather from Islamic parallel justification and they are more of an ethnic clan judiciary …
Mathias Rohe: That’s the way it is … So the trap are well documented, just the classification you see? Mathias Rohe: Yes – he is not wrong in the sense that the thing with Islam has nothing to do. On the contrary: There is already trap in which people explicitly call themselves on Islam. I only have the impression: Even there, where that happens, it is not really in the core Islamic law, which takes place, but just these compensation mechanisms of a wide variety of ways, which can be accommodated under the preamble ethnic-religious-culturally. And how do you know that this is not specifically Islamic?
Mathias Rohe: Because I looked at the trap and know the Islamic law very well. These things that are negotiated there, and the principles that are decided: this often has nothing to do with what I know from Islamic law. They had said yes, they were happy to explore that …
Mathias Rohe: Exactly. At it. Yes? What is the for a project?
Mathias Rohe: There are several: a project has just expired, at European level I’ve been involved, religious. I just prepare the next project. But we know now: There are more about this individual documented trap. We know that from people who need to know. From the communities. But above all, we just want to try to find out: What are the path for the people who go there? Often – that seems to be the case with the traps we know – it is not the will to go out of state justice. But simply the ignorance or reservations about what we do in our state institutions. That is, we also need confidence-building measures, information about the functioning of the constitutional state and similar things more. That’s exactly what we worked out in the Bavarian context. These are the first steps, and I want to try to make more reason. On request Bavaria, the Federal Minister of Justice decided that one would like to pursue the matter.
There are neighborhoods in which the police are no longer
In the member magazine of the union of the police, the title topic was short "Parallel justification in Germany – powerless police?" There is: "Reports of Islamic parallel justification in Germany are politically explosive and awakening doubts about the rule of law. As soon as these doubts become loud, they directly affect the police."
Mathias Rohe: There is the police and articles in such magazines react to concrete. And there you have to determine: it is indeed in Bremen or in Berlin to fall, that you have to do it with coarse clans from this spectrum. Again, I agree with them, it’s not Primar an Islam story, but I have everything understanding for the police that she says, there must finally happen something. Whether I have no understanding, is that you have left this grouping as much room at all. What should you do there?
Mathias Rohe: The state must show Prasence! And Low-threshold intervention, sometimes intervene, but do not let things drift such that neighborhoods arise in which the police are no longer. And they are now occasionally in Germany. Aha … Have examples?
Mathias Rohe: Yes – Berlin, Bremen, Dortmund, as I hore, other city, thank God not many … There are neighborhoods in which the police are not cleaning? And where in Berlin? And where in Bremen?
Mathias Rohe: Since I can not name a thread, but I know properly reports that it is so. Not the full quarter, but single corners. If the police want to arrest someone, then dive at once 30 people and change the police car. (Ulrike HeitmullerTo)