posted 10-21-2010 07:03 PM                  

This judge held that the defendant could not be held responsible for the violent sexual assaults of his wife because he did not have the specific intent to sexually assault his wife, and because his actions were "consistent with his [religious] practices."

In other words, the judge refused to issue the permanent restraining order because under Sharia law, this Muslim husband had a "right" to rape his wife.

View Source:

http://www.gopusa.com/theloft/2010/10/go-ahead-beat-your-wife-just-dont-leave-a-mark.php

posted 10-21-2010 11:02 PM                  

http://www.leagle.com/xmlResult.aspx?xmldoc=in%20njco%2020100723325.xml&docba se=cslwar3-2007-curr

We find it inappropriate, when restraints are civilly required, for a Family Part judge to rely on restraints issued in a parallel criminal proceeding. This is particularly the case because the need to protect the victim-spouse may outlive the termination of the criminal action.
As a final matter, we find that the judge failed to give sufficient measured consideration to the imminence of the birth of the couple's child — an event that the judge acknowledged would bring the two into contact and almost inevitably be a source of conflict. In this regard, we note that defendant's previous misconduct consisted not only of sexual acts that were unlikely to be repeated given the couple's estrangement, but also acts of assault and harassment that were more likely to be repeated in the future.
Viewing the evidence as a whole, we are satisfied that the judge was mistaken in determining not to issue a final restraining order in this matter in order to protect plaintiff from future abuse and in dismissing plaintiff's domestic violence complaint. We therefore reverse and remand the case for entry of such an order.
Reversed and remanded.

posted 10-22-2010 09:32 AM                  

Another similar story of a father running over his daughter, who later died, after she became 'too westernized'. According to the father in his defense, he said his religion allowed for him to kill her for her actions against their religion.
http://abcnews.go.com/WN/US/westernized-muslim-daughter-dies-run-father/story?id=89831 98