Minaret ban will not happen in Germany, say experts

“There is no possibility of a referendum in Germany on a federal level. In addition, the building of mosques is protected by the constitutional right of religious freedom. This includes minarets,” a German official who asked anonymity, dismissing claims that Germany, like its neighbor, will take steps to hinder religious freedom. He also stated that in Germany, fundamental rights can’t be changed or “narrowed” by a referendum, adding that “the Constitution protects people’s fundamental rights against the state and the power of the majority.”

There are 206 mosques with minarets in Germany, and 120 more are planned in addition to numerous mosques without minarets. The minaret discussion also occurred in Germany after demands favoring a ban on the construction of minarets; however, a Bavarian administrative court ruled in 1996 that minarets are complimentary and important parts of mosques.

The German Islam Conference published a report in March 2008 stating that the construction of mosques in Germany is an important step regarding the integration of Muslims into German society, but expressed concerns, saying: “It is not unusual to face conflicts in the construction of mosques in neighborhoods and crowded cities. Sometimes there are concerns that the construction will create traffic in the area.” The report went on to state that as a result of mosques, Islam becomes more visible in cities, causing prejudices to emerge and fears to manifest. The document also underlines that “after construction has been completed and daily life of the city normalizes, conflicts start to gradually disappear.”

The religious freedom guaranteed by the German Constitution includes the construction of mosques with minarets. Regarding zoning laws, the construction of mosques is subject to the same procedures as synagogues and churches. The German Federal Administration leaves the authority to local administrations to grant permission for the construction of places of worship.

Nükhet Kivran from the Munich Education Platform underlined that she does not expect the Swiss referendum to be a model for Germany, saying: “The freedoms of German citizens including religious ones are determined and protected in the German Constitution. Religious freedoms include the right [to observe] religious practices in place of worship.” Kirvan also noted that the minarets are architecturally harmonizing parts of mosques rather than a symbol of political Islam, as was widely argued in Switzerland ahead of the referendum.

Living in Germany for 30 years, Kirvan discussed the dual faces of Europe, one of which reflects respecting human and cultural rights and well rooted democracy. “In contrast,” she added, “Europe has a second face that is racist and against Islam.”

She expressed concern that with the deliberate policies formulated by right-wing politicians, hatred against Islam and Muslims may increase in the coming years and considered the Swiss ban a sign of further restraints that will hinder the religious freedom of Muslim across Europe.

Isabella Zacharias, a member of the Bavarian State Parliament from the Social Democratic Party (SPD), told Sunday’s Zaman that the Swiss minaret ban has accelerated efforts of racist groups in Germany against Muslims, urging the German government to defeat these groups and stop their racist goals.

Reiterating that the German Constitution does not allow any referendum that puts freedoms to a vote by citizens, Zacharias noted that “just like bells are indispensable parts of churches, minarets are the same for mosques, and they symbolize that Islam has become a social reality in Europe.” The German politician used İstanbul as an example of a city where there are places of worship for the three Semitic religions, adding that “this is what we wish for Germany.”