Man denied German citizenship for refusing to shake woman's hand

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A German court ruled on Friday that a Muslim man who refused to shake the hand of a woman should not receive German citizenship.

The 40-year-old Lebanese doctor, who came to Germany in 2002, said he refuses to shake women's hands for religious reasons.

The Administrative Court of Baden-Württemberg (VGH) ruled that someone who rejects a handshake due to a "fundamentalist conception of culture and values" because they see women as "a danger of sexual temptation" was thereby rejecting "integration into German living conditions."

The doctor studied medicine in Germany and now works as a senior physician in a clinic. He applied for citizenship through naturalization in 2012, for which he signed a declaration of loyalty to the German constitution and against extremism. He passed the naturalization test with the best possible score.

Read more: Denmark's handshake law for new citizens is 'un-Danish'

Nevertheless, he was not granted citizenship because he refused to shake hands with the responsible official when the naturalization certificate was handed over in 2015. The woman therefore withheld the certificate and rejected the application.

Watch video 01:00 Share What is a "German Islam"? Send Facebook google+ Whatsapp Tumblr linkedin stumble Digg reddit Newsvine Permalink https://p.dw.com/p/394xS What does a "German Islam" mean to Germans?

He argued that he had promised his wife not to shake hands with another woman.

His petition against the ruling was unsuccessful before the Stuttgart Administrative Court and he appealed to the VGH. Following its decision Saturday, the court said that the man can appeal to the Federal Administrative Court due to the fundamental significance of the case.

Read more: Refused Berlin handshake: Religious freedom or sexism?

Handshakes 'deeply rooted' in German culture

The VGH described a handshake as a common nonverbal greeting and farewell ritual, which are independent of the sex of the involved parties, adding that the practice goes back centuries.

The judge found that the handshake also has a legal meaning, in that it symbolizes the conclusion of a contract.

The handshake is therefore "deeply rooted in social, cultural and legal life, which shapes the way we live together," the judge said.

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Handshakes and kisses in a time of coronavirus Shoulder pat Australia's New South Wales Health Minister Brad Hazzard recommends this gesture: "It's time that Aussies actually gave each other a pat on the back for the time being — no handshaking," he said. While it transmits less bacteria than the previously mentioned forms of greetings, the pat on the back can be perceived as condescending by some people.

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Handshakes and kisses in a time of coronavirus Fist and palm salute In China, where the COVID-19 outbreak began, one greeting recommendation is the traditional gong shou gesture, or the fist and palm salute, as demonstrated above by actress Miya Muqi at the Cannes screening of "Ash Is The Purest White" in 2018.

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The court found that anyone who refuses to shake hands on gender-specific grounds is in breach of the equality enshrined in the German constitution.

Read more: Religion no justification for not shaking teacher's hand, Swiss authorities rule

In addition, the man's refusal in this case had the effect of lending validity to a "Salafist perspective" on the social ramifications of relations between men and women.

The court said that it made no difference that the man has now declared he will not shake hands with men either.

The man claimed he wanted to affirm the equality of men and women, but the court found that this was merely a tactical move.

The handshake ruling was also handed down despite health officials cautioning against handshaking right now due to the coronavirus pandemic. The judge said he was convinced that the practice would survive the pandemic.

Minas_Nolme on October 18th, 2020 at 11:28 UTC »

It wasn't "just" refusing a handshake, According to the judgement he also avoided clear answers to the questions how he views bodily punishment for infidelity in marriage or amputation for theft. Instead he just stated that "God is merciful" and he "doesn't live in a country where those exist".

To the question whether Sharia law should be introduced in Germany, he replied that the German people would have to decide whether to do that. When informed that the core parts of Sharia, family and marriage laws are subject to Sura 4,34 (Men are caretakers of women. Rightous woman are obedient" [shortened], and thus incompatible with core principles of the German constitutional order, he avoided a clear answer by stating that "before God, men and women are equal".

To the question how he views that according to Islamic canon the prophet Mohammed consummated marriage with a nine year old girl, he replied that "in some countries girls are more mature than, for example, in Norway".

So the judgement wasn't "just" for the handshake, but an overall conclusion that he held views hostile to the German free and democratic constitutional order and thus couldn't become a citizen.

CaptainLargo on October 18th, 2020 at 10:14 UTC »

The exact same thing happened in France a few years ago when a man refused to shake the hand of the (woman) official during a naturalization ceremony. Glad France is not the only country doing something about it.

Polish_Panda on October 18th, 2020 at 09:42 UTC »

He had a choice and decided religion is more important than citizenship, thats on him.