Germany applies Sharia Law! You know, that evil, uncivilised Islamic law!
No really, Sharia Law is applied in Germany for some areas of family and inheritance law for people who are citizens of Muslim states that follow the Sharia. This is the truth, no sarcasm. Obviously, this sort of thing results in a huge outcry among a lot of people. Sharia law? Isn't that the law of radical Islam? Doesn't that mean ignoring the German Grundgesetz (=Constitution)? Heck, when I first heard of Sharia Law getting applied in the UK in some cases a few years ago, I was a bit surprised and shocked as well.
However, this is the perfect example of how a lack of knowledge and information, in combination with sensationalist media, can lead to unjustified outrage and hatred:
The important question is: WHY does Germany (or the UK for that matter) apply Sharia law? Because Muslims are taking over? To appease Turkey? Completely false.
The reason is a set of GENERAL PRINCIPLES OF LAW that has nothing to do with either Islam or the Sharia whatsoever. More accurately, the application of Sharia law for some topics of family and inheritance law is part of a completely standard and normal application of an area of law called "private international law", aka (in Common Law countries) "conflict of laws".
While many people believe that every country only applies its own laws within its territory, this is a complete misconception. You have to differentiate between criminal law and civil law. Obviously states only apply their OWN criminal law. In other words: no cutting off hands for stealing bread because the Sharia says so. That is foreign CRIMINAL LAW and thus NEVER applied by another state.
However, ever since about the 1800's, foreign CIVIL LAW (=contracts, tort, family law, company law, inheritance law etc.) might be applied, depending on the respective norms in the national system of "private international law" or "conflict of laws". Sounds complicated? It isn't really.
Private international law essentially applies when the subject matter at hand (e.g. Mr. X wants to marry Mrs. Y) has a connection to a foreign country (e.g. Mr. X and Mrs. Y want to marry in Germany, but they are both French citizens). If that is the case, PIL has different "conflict rules" that decide which law applies IF a certain element is present. For example: there is an abstract rule stating that "if the involved parties share the same nationality, their capacity to marry is governed by the law of their shared nationality".
Applied to our little case this would mean that Mr X and Mrs Y's capacity to marry would be decided according to FRENCH law because they are French citizens, despite them marrying in Germany. Fascinating, isn't it?
That isn't unique to Germany btw. Basically every country in the world has its own unique system of "private international law" to decide (in a case with a connection to a foreign country) which law (e.g. French law, German law OR e.g. Sharia law!) a certain subject matter is governed by.
In other words, the application of that evil Sharia law (in CIVIL matters) is really just the normal, boring consequence of the regular application of the PIL-rules which have been around (in Germany) for over a hundred years. Nothing to do with Islam whatsoever.
But still, doesn't this mean Islam is abusing this to take over and impose their backwards stone age mentality on us??!!??""11!?? Nope. Countries don't just apply a foreign law completely blind to its effects or content. If foreign law is blatantly in violation of the German Constitution for example, that part of the foreign law is NOT applied, instead getting replaced with the respective domestic provision (German national law). This is why you cannot marry a second wife in Germany, even if you and your potential second wife are both from a "Sharia country".
This example shows so well how a lack of education and information can lead to misguided hatred that lacks any basis in reality. "Sharia law" (within the constraints of the German Constitution, s. above!) getting applied in Germany is nothing special whatsoever, it's the same thing that happens on a daily basis in German courts with all kinds of funky national laws getting applied in civil matters, regardless of whether they are Peruvian, Canadian, Indian or Chinese. But sadly it shows that when French law or even say Chinese law are applied, nobody bats an eyelid (nor do the sensationalist media report it), whereas the application of the evil "Sharia law" immediately makes people think of 'Eurabia' and Muslims taking over.
Y'know, sometimes there is no evil conspiracy at work but just the application of good 'ol laws that have been around for centuries.
Important facts to remember: Surprisingly, countries do not only apply their own civil law in their own courts, but even foreign civil law if there is a sufficient connection to another country, based on an intricate set of "conflict rules"! However, this does NOT apply to criminal law (every country only applies its own criminal law). The application of Sharia law in Germany is nothing but the result of the boring and normal application of these conflict rules. Outrageous contents or effects of foreign laws are severely restricted by the "ordre public" (public policy, essentially) of every country, i.e. usually the Constitution.
Thanks for listening.