I.e., sharia law. This is one of the gateway sharia laws – Islamic “family” law – that Muslims are keen openly advocate for in the U.S. via The Islamization of Spanish Jurisprudence
To the extent that European lawmakers are willing to graft Islamic legal principles onto Europe’s secular legal codes, Islamic Sharia law could easily become a permanent reality in Spain and across the continent.
Spain has acceded to the demands of the Islamist government in Morocco by agreeing that Moroccan children adopted by Spanish families must remain culturally and religiously Muslim.
The agreement obliges the Spanish government to establish a “control mechanism” that would enable Moroccan religious authorities to monitor the children until they reach the age of 18 to ensure they have not converted to Christianity.
The requirement, which will be enshrined in Spain’s legal code, represents an unprecedented encroachment of Islamic Sharia law within Spanish jurisprudence. The move also represents a frontal assault on the freedom of religion or belief, which is protected by Article 16 of the Spanish Constitution.
Spanish Justice Minister Alberto Ruiz-Gallardón said on February 17 that he had agreed to the demands of his Moroccan counterpart, the Islamist Mustafa Ramid, so that Spanish families who have been assigned Moroccan orphans can bring the children to Spain.
Adopting children in Morocco has always been problematic. But the procedure became vastly more complicated in 2012, when Morocco’s newly elected Islamist government announced measures to prevent non-Muslim foreigners from adopting Moroccan children.
According to the Casablanca-based NGO Feminine Solidarity Association (ASF), Morocco has an alarmingly high rate of child abandonment; an average of 24 children are abandoned every day (or around 8,700 every year) throughout the country. (ASF says many children are abandoned because of Article 490 of the Moroccan Penal Code, which stipulates one year in prison for anyone found guilty of having sexual relations outside of marriage.)
Statistically, the future for Moroccan orphans is bleak. A consortium of six NGOs reports that 80% of the children who grow up in Moroccan orphanages become delinquents, and 10% end up committing suicide. Only 10% become productive members of society.
Because of its geographic proximity, Spain has emerged as a key destination for Moroccan orphans. In 2011, the year before the Islamist government intervened to freeze the adoption process, 254 Moroccan children were assigned to Spanish families.
The Western concept of adoption — by which an adopted child becomes the true child of the adoptive parents — has never existed in Morocco (nor in most other Muslim countries).
Instead, Islamic law governs adoption through a system called “Kafala,” a legal guardianship which allows a non-Muslim person to assume responsibility for the protection, education and maintenance of an abandoned child, but which prohibits a non-Muslim from formally adopting or assuming custody of that child.
According to Kafala, the “adopted” child must keep the name and surname of his biological parents. Moreover, the child must remain Muslim and must maintain the nationality of his or her birth. In effect, non-Muslim guardians are prohibited from establishing a full parental relationship with the child, as would be the case with adoption.
Read it all at Gatestone Institute.