Mosque, all ready but the negotiations between the City and Muslims stalled

It’s a negotiation both complex and delicate, and still in progress. Those in search of compromise include the Islamic Association on one side and the city of Mangalore on the other.

 

The building is constructed but it is not in use. Talks now center on the possible rebuilding of the structure. In 2007, a proposal arrived on the desk of the mayor, Guerino Surini a center-left affiliate, asking for a change of order for a building in an agricultural area.

 

The building is a house with two floors, and was acquired by the the Islamic association An-Hur which intends to transform the building into an Islamic cultural center and a place of prayer. The mayor, Surini, rejected the request. The association did not give up and sought an appeal through TAR, the Regional Administrative Court. In September 2010, the TAR judgment ruled against the municipal administration.

THE JUDGMENT OF THE TAR

 

“There are no insurmountable reasons that prevent the development of a residential building into one of social function, even a religious one” reads the judgment of the Regional Administrative Court “no damage would be dealt to the natural environment, since the building would remain in the current state and it would not be necessary for changes to be made to the road. Article 70, paragraph 2, of Regional Law 12-2005 does not authorize municipalities to decide on the legitimacy of religious denominations. Therefore, local governments must not only comply with any form of official recognition of a particular religion, but also comply with the general principles of the state in matters of religion.”

 

THE DIFFICULTIES OF NEGOTIATION

 

In short, TAR granted a green light for the use Islamic center however, the judges urge the association and the city administration to reach an agreement. It’s been three years since that ruling, but the deal between Muslims and the City has not yet been reached. A new mayor Dario Colossi, right-center, stated he would not talk in open negotiations.

 

Mangalore is a municipality that has approximately 4 thousand inhabitants, with immigrants just over 400, 10% of the population, which is further subdivided into 15 different ethnic groups. The building, owned by the An–Hur, after TAR’s decision he intended to have the building become a center of Muslim prayer and the de facto place of worship for all the Muslims in the area. The city fears that it will not be able to cope with the influx of thousands during times of celebrations like Ramadan.

 

Court decision on school swimming for Muslim pupils

Sep 11th

 

The Federal Administrative Court of the city of Leipzig has rejected the complaint of a Moroccan family from Frankfurt, complaining against obligatory swimming education for their thirteen years old daughter. According to the court, religion is not a sufficient reason to avoid public swimming. A whole-body swimsuit (Burkini) is reasoned to be sufficient covering the entire body, enabling Muslim girls to participate at school swimming.

 

The Minister of the German State Hesse interpreted the court rule as a pathbreaking decision for the integration of migrants. The court in Leipzig reasoned its decision with the aim to ensure the application of law to all subjects. No minority group should be excluded from German society.

 

Muslim Prayer angers Mayor

Casalpusterlengo – Back again to the forefront is the question of an Islamic cultural center in a stable in Via Fugazza and, after months of silence, there could ignite a tug of war between Muslims and the administration. At issue is the use of a building on Via Fugazza, which was used as a place of worship until the center-right, who came to power in the spring of 2009, began a long struggle, which culminated in November 2010 with the pronouncement of Council of State who declared the space “unfit” as a center of prayer. To date, however, faithful Muslims still pray in the space.

“The activity of worship is not possible” reiterates the mayor of Casalpusterlengo, the Northern League’s Flavio Parmesani. “I believe that the eviction of more than two years ago is clear: at this point I will urge them to get out of the space.” The measure would be at risk of appeal which has already happened before, but the mayor intends to proceed anyway.

The story now has its roots in time: August 26, 2009, the head of the a Private Construction Service in the town of Casale, performed an inspection, after which the service ordered the demolition of illegal works and the restoration of a commercial use building.  Following this, the building was used for worship, of which the Administrative Court of Lombardy had decided to “freeze” the case after which the Council of State has decided to pursue again.

Sentence of Administrative Court – Muslim girl cannot be dismissed from swimming lessons

September 28

 

The Administrative Court of the Federal State of Hessen has rejected a lawsuit by a Muslim family, who did not send their twelve-year-old daughter to the school swimming lessons. The family’s action has been rejected also by the Administrative Court of the city of Kassel. The girl has argued that swimming with boys would be forbidden by her religion. She would like to participate at swimming class, but only in case the class would be attended by properly covered girls, and no boys.

The court had to find a balance between different rights. Although the freedom of religion would be protected as it would be her right to avoid seeing or touching boys, this freedom would restrict the constitutional goal to ensure equal education.

As a result, the Court decided for rejection, while recommending the girl to wear an Islamic swimming dress, the Burkini.

 

The position of tribunals in this matter is not uniform. Recently, the Administrative court of the City State of Bremen had permitted girls to be released from sport classes with the beginning of adolescence.

 

So far, there have been no reactions by Islamic organizations such as the Islamic Religion Community of the States of Hesse or the Turkish-Islamic Union of the State of Hessen.

Resistance to Mosque Construction

17.06.2011

Last week, the Administrative Court in Arnsberg/ North Rhine-Westphalia had to deal with a lawsuit against the construction of a mosque (by the Ahmadiyya Muslim Jamaat Group) filed by a local resident. The presiding judge indicated very early on that the lawsuit was not likely to be successful. However, not the lawsuit filed be the resident, but changes in the development plan for the local area might impact on the plans to build the mosque. It is now the task of the local council to amend the development plans for the area – which is decisive for the Muslim community’s plans to build their mosque. While the community is awaiting a final decision, they emphasize the existing positive relations with other Christian communities in the area.

 

No to Headscarf, Yes to Nun’s Habit

The judgement that allowed the Muslim teacher to wear her headscarf in school in a showcase trial is about to be challenged again. Helmut Rau (CDU), Minister of Culture, Youth and Sport for Baden-W_rttemberg, announced that he will file an appeal against the recent judgement in favour of Doris G. by the Stuttgart Administrative Court. “A nun’s habit”, argues Rau, “is her working clothes, and moreover a permissible expression of Western Christian culture.”

Muslim Woman with Headscarf is Allowed to Teach

STUTTGART – Overturning the legal ban on headscarfs in state schools in the state of Baden-W_rttemberg, the Administrative Court of Stuttgart ruled that Doris Graber, the 55-year-old Muslim teacher whose trial has become a test case and national cause c_l_bre, may continue to wear her headscarf while teaching, just as Catholic nuns are allowed their habits and other visible religious symbols when they teach.

9-Year Old Muslim Girl Must Participate In Swimming: Politicians Of All Parties Welcome The Decision Of The Hamburg Administrative Court.

A nine year-old girl from Pakistan must participate in the swimming lessons at the school with the boys, decided the Administrative Court. In the controversy between education authorities and strict Muslims, this is the first judgment for a child of this age group. “I welcome the decision, which leaves nothing to be desired in its clarity”, said Educational Senator Alexandra Dinges-Dierig. Appealing the decision of the Administrative Court, the parents of the girl already lodged a complaint with the higher administrative court. The parents had refused the participation of their daughter in the school swimming lessons, claiming it was a sin. Wearing a bathing suit contradicts the regulations of Islam. The family belongs to the sect of the Ahmadiyya, which developed in India near the end of the 19th Century. {(continued in German)} Ein neun Jahre altes M_dchen pakistanischer Herkunft mufl am Schwimmunterricht in der Schule zusammen mit Jungen teilnehmen. Das hat das Verwaltungsgericht entschieden. In dem Streit zwischen Bildungsbeh_rde und strenggl_ubigen Muslimen ist es das erste Urteil f_r ein Kind dieser Altersgruppe. “Ich begr_fle die Entscheidung, die an Klarheit nichts zu w_nschen _brigl_flt”, sagte Bildungssenatorin Alexandra Dinges-Dierig. Gegen die Entscheidung des Verwaltungsgerichts haben die Eltern des M_dchens bereits Beschwerde beim Oberverwaltungsgericht eingelegt. Die Eltern hatten die Teilnahme ihrer Tochter am Schulschwimmen mit der Begr_ndung verweigert, dafl das nach ihrer Religion eine S_nde sei. Das Tragen von Badekleidung widerspreche den Vorschriften des Islam. Die Familie geh_rt der Glaubensrichtung der Ahmadiyya an, die Ende des 19. Jahrhunderts in Indien entstand. Das Verwaltungsgericht machte in seiner Entscheidung deutlich, dafl die Schulpflicht das Schulschwimmen umfasse. In der Abw_gung zwischen dem Erziehungsauftrag des Staates und der Religionsfreiheit geb_hre dem schulischen Erziehungsauftrag der Vorrang. Der Sportunterricht erf_lle dabei wichtige Erziehungsaufgaben. Der gemeinsame Unterricht von Jungen und M_dchen diene auch dazu, die Gleichberechtigung von Mann und Frau zu verankern. Zentrales Moment der Entscheidung ist das Alter des Kindes. Das Gericht verweist darauf, dafl die Bekleidungsvorschriften des Korans nicht f_r M_dchen vor der Geschlechtsreife gelten. Das steht im Einklang mit der Rechtsprechung des Bundesverwaltungsgerichts, das zugunsten der Familie eines _lteren muslimischen M_dchens entschieden hatte, das vom Schwimmunterricht befreit ist. Nach Informationen des Abendblatts besucht das neunj_hrige M_dchen die dritte Klasse einer Grundschule in M_mmelmannsberg. Zu Beginn des Schuljahres hatten sich die Eltern geweigert, ihr Kind am Schwimmunterricht teilnehmen zu lassen. Gespr_che der Schulleitung und von Mitarbeitern der Beratungsstelle REBUS mit den Eltern f_hrten zu keinem Erfolg. Schliefllich leitete die Beh_rde ein Buflgeldverfahren ein. Die Bildungsexperten von CDU, SPD und GAL begr_flten die Entscheidung. “Wir sind daf_r, die Schulpflicht in allen Punkten durchzusetzen”, sagte Robert Heinemann (CDU). “Das Gericht beweist, dafl die Schulpflicht ohne Gesetzesversch_rfung durchgesetzt werden kann”, sagte Britta Ernst (SPD), die damit auf die vom Senat geplante Einf_hrung des Schulzwangs anspielt. “Die Entscheidung ist pikant, weil die Beh_rde die faktische Abschaffung des Schulschwimmens durch die Einf_hrung von Geb_hren betreibt”, sagte Christa Goetsch (GAL). Hakki Keskin, Chef der “T_rkischen Gemeinden in Deutschland” freut sich _ber den Richterspruch: “Ich begr_fle die Entscheidung. Sie schafft Klarheit. Nur so kann die Schulpflicht von jedem erf_llt werden.” Der Islam gew_hre eine Flexibilit_t je nach den gegebenen Umst_nden.

Report: Germany To Expel Hundreds; Germany Introduced A New Immigration Law This Month

German officials are drawing up lists of hundreds of Muslims to be deported from the country under a new law making expulsions easier, the German weekly magazine Der Spiegel said on Saturday. Der Spiegel said authorities were already using their powers under an immigration law introduced this month in conducting an operation dubbed Aktion Kehraus (Action Sweep Out). The interior ministry declined to comment on the report beyond saying that deportations were a matter for Germany’s 16 federal states. Under new rules, potential deportees will not be able to use normal legal channels to challenge an expulsion order. A special panel of the Federal Administrative Court will be responsible, with no right of appeal. Der Spiegel said judges were expected to deal with up to 2000 cases a year. Clampdown Since the revelations in 2001 that Arab students who had lived for years in Hamburg led the 11 September 2001 attacks on the United States, Germans have questioned their liberal laws under which some suspects even drew welfare benefits. Interior Minister Otto Schily has suggested that evidence of training at an al-Qaida camp should be clear grounds for expelling a foreign national. Distributing videos calling for “holy war” could also be punished the same way.