Expertises
Study on Parallel Justice in North Rhine-Westphalia
Study (in German) by Mathias Rohe on behalf of the Ministry of Justice of North Rhine-Westphalia (2020)
The subject of the study are problems related to family law in connection with extrajudicial conflict resolution outside the applicable legal framework (“parallel justice”).
Study on Parallel Justice in Baden-Württemberg
Study (in German) by Mathias Rohe on behalf of the Ministry of Justice and for Europe Baden-Württemberg (2019)
On 15 July 2019, EZIRE Director Mathias Rohe presented a study on the phenomenon of “parallel justice” commissioned by the Baden-Württemberg Ministry of Justice in Stuttgart. The result: Even if the situation is not dramatic, cases of parallel justice also undermine the rule of law in Baden-Württemberg. Rohe reports, for example, on the milieu of Reich citizens and self-governors who aspired to a “counter-right system”, or on isolated and patriarchally structured extended families in which a strong concept of honour prevails and in which social norms are more important than the law. Even in individual refugee groups, there were tendencies toward non-legal conflict resolution. “There is a significant problem for the rule of law here – we cannot say how massive it is,” said Rohe. The darkfield cannot be illuminated because resources are lacking and a wall of silence is encountered. But there is a need for action. You can’t ignore the apron. “Parallel justice does not fall from the sky, but arises successively”. Already with wedding corso one must intervene low-threshold.
The expert recommends that the rule of law must exert pressure – and at the same time promote prevention.
More resources are urgently needed, such as more places in shelters. The study specifically recommends, among other things, rapid state reactions to criminal offences, for example through accelerated procedures. Similarly, the reference to private legal action, as can be done in the case of insults, for example, should only be made after careful examination of the individual case. In addition, assets acquired from criminal offences must be skimmed off more quickly and comprehensively.
Parallel Justice
Study (in German) by Mathias Rohe and Mahmoud Jaraba on behalf of the State of Berlin, represented by the Senatsverwaltung für Justiz und Verbraucherschutz [Senate Department for Justice and Consumer Protection] (2015)
On December 9 2015, Senator of Justice Thomas Heilmann together with Prof. Dr. Mathias Rohe from Erlangen Center for Islam and Law in Europe presented a study on the phenomenon of “Parallel Justice” conducted on behalf of the Senate Department for Justice and Consumer Protection. Parallel Justice – particularly in contrast to, for example, Mediation, arbitration and conciliation procedures – are forms of extrajudicial settlement, in which German Legal Standards are violated, undermined, or thwarted. “So far, we have so hardly any empirically reliable findings on the topic Parallel Justice, so I’m glad that Professor Rohe has closed an important gap in this study. If we want to stop unlawful or illegal parallel structures, we do have to know about which phenomena are we talking about and how can we help those who are being suppressed because of it”, said Thomas Heilmann. The scientists focused therefore on a total of 93 detailed interviews with different persons concerned. The findings draw a wide range of manifestations of Parallel Justice in Berlin, but also show ways how to deal with it…
The legal Recognition of Islam in Germany
Report (in German) for the Friedrich-Ebert-Stiftung, by Riem Spielhaus and Martin Herzog (2015)
During the last decade, we can observe a broadening of possibilities for religious communities organised under private law to be active and cooperate with German governmental institutions. Since first applying for incorporation under public law in the late 1970s, Islamic community associations have been seeking to move from the sphere of private law to recognition under public law. It was possible to organise basic functions of Islamic religious practice through registered associations under private law. Yet aims to develop a comprehensive Islamic life raised the question of how aspects of religious practice could be exercised that has so far been accessed only by religious communities incorporated under public law and could only be carried out in cooperation with governmental institutions.
Ahmadiyya – Two Movements
Publication (in Geman) by Gerdien Jonker
The reform movement of the Ahmadiyya emerged in 1900 in the British Indian Punjab to defend Islam against the aggressive attacks of the Christian missionaries. The founder of the movement, Mirza Ghulam Ahmad, initially presented himself as…
Status of a Corporate Body under Public Law for Ahmadiyya Muslim Jamaat
Publication (in German) by Gerdien Jonker and Martin Herzog
It is the first time that Muslims are legally equated with churches: The state of Hesse gives the Islamic religious community Ahmadiyya Muslim Jamaat Germany the status of a public corporation. However, hardly anyone knows the community.