Paper Short Abstract:

This paper aims to identify tensions of religiously-influenced extra-judicial dispute resolution forums in Germany. The recognised ecclesiastical jurisdictions are compared with the othered extrajudicial dispute resolution forums, to formulate possible solutions from a normative legal perspective.

Paper Abstract:

So-called "religious parallel justice" or extrajudicial dispute resolution has been the focus of interdisciplinary and political debates. This paper aims to identify the tensions and formulate possible solutions inherent in various religiously-influenced extra-judicial dispute resolution forums. In Germany, we find a range of recognised extra-judicial dispute resolution systems, in particular the ecclesiastical jurisdictions, which are supported by the state and socially recognized (Wittreck 2015). From a normative legal perspective, the framework conditions of religiously characterised extrajudicial dispute resolution forums in Germany will be shown. Ethnographic research will be used to analyse the allegedly Islam-influenced out-of-court conflict resolution forums (Tas 2016). The reflexive look at recognised ecclesiastical jurisdictions and forums in Germany should make it possible to reclassify and negotiate the supposedly "other" with a legal perspective (Brocker 2012; Dienstbühl 2013; Funke 2011; Rohe 2003).

The aim is to show that these forums, contrary to hasty legal scrutiny, can be practised quite 'legally'. These forums are used, because those affected are often denied access to the state justice system due to community pressure, as the state courts do not take into account their specific normative and procedural needs (Rohe 2011; Foblets 2000; Tas 2016). But ethnographic research has shown that some forums have not adapted basic procedural and human rights. The individual freedom to use the practices of one's own community is counteracted by the problematic treatment of human rights and fundamental legal rights. The way the law, especially the judiciary, deals with this social tension, will enable an interdisciplinary discussion.