Access of Muslim Organizations to Religious Instruction in Public Schools: A Comment on the Decision of the Federal Administrative Court of 23 February 2005

  • Abstract
  • Literature Map
  • Similar Papers
Abstract
Translate article icon Translate Article Star icon

In the last years, several Muslim associations applied at the competent Ministries of Education of the German Federal States for the introduction of Islamic religious instruction in public schools. These applications raise a series of legal questions, in particular, whether the States are obliged to allow associations to teach their version of Islam in schools. Of particular concern is that this religious instruction may not have a religious purpose, but rather a political, or even militant or criminal, purpose. Further, there is the possibility that the associations may invite students to take part in a “holy war”, to call for racial hatred, or to proclaim that women were inferior human beings. The answer to these questions is laid down in Article 7 paragraph 3 of the German Basic Law which is a typical provision of the German Law on Church and State that is molded not by a strict separation or laicism as it is, for instance, in France but by a cooperation of the State and the religious communities.

Similar Papers
  • Research Article
  • Cite Count Icon 8
  • 10.1163/187103211x543644
Securing Freedom whilst Enhancing Competence: The “Knowledge about Christianity, Religions and Life Stances” Subject and the Judgment of the European Court of Human Rights
  • Jan 1, 2011
  • Religion & Human Rights
  • Pamela Slotte

In an attempt to accommodate the increasing religious and cultural diversity in European societies, religious instruction in public schools is being rearranged across Europe. However, the issue is sensitive owing to the societal matters involved, such as multiculturalism, minority issues, nationalism, and citizenship. A crucial question is how religious instruction can be organized in public (state-funded) schools so as to conform to fundamental human rights. The European Court of Human Rights has also recently dealt in Folgerø and Others v. Norway with an ambitious attempt to introduce compulsory non-confessional religious instruction in public schools with the aim of enhancing dialogue and cultural understanding and take into account the future status of children as adult members of both national and international societies. Dividing children into separate study groups according to their faith had been dismissed as a form of segregation and parallel multiculturalism. This article focuses on Folgerø and Others v. Norway. What is at stake in the argumentation before the European Court of Human Rights, and how does it reason concerning religion and life-views, religious freedom and the aims of religious instruction in public schools? Based on this analysis, the article discusses what it means that a conflict over what constitutes adequate religious instruction is brought to a legal forum and the consequences this has for what will be understood as acceptable instruction.

  • Research Article
  • Cite Count Icon 2
  • 10.30984/j.v1i1.403
Similar Trends, Different Agendas: Religious Instruction in Public Schools in Indonesia, Malaysia and Singapore
  • Mar 10, 2017
  • Journal of Islamic Education Policy
  • Sulaiman Mappiasse

This article argues that national and global events that led to the recent revival of religious education has not altered the nature of the existing arrangement of religious instruction in public schools in Indonesia, Malaysia, and Singapore. Competitive internationalization arena, however, has converged the function of religious education in these countries. It examines how religious instruction in public schools in these ASEAN countries has been transformed in accordance to the emerging demand for global competitiveness. In Indonesia, although the political and economic reform has unsettled the existing structure of the relationship between state and people, the segregated model of religious education classes following religious lines remains in effect. Similarly, in Malaysia, education reform that has been carried out since the early 1990s has not transformed the initial arrangement of religious education. It is still delivered in a way that serves the historical privilege of the Malay ethnic group. Finally, in Singapore, although religious education once gained public popularity, it was only for a short time. The peculiar national agendas of development in each country is argued to be the main determinant of the existing religious education arrangement. Therefore, forces of internationalization arena can only influence the existing state of religious education in a way that serves this national peculiarity.

  • Research Article
  • Cite Count Icon 1
  • 10.31538/nzh.v5i3.2753
Innovation Management of Islamic Religious Education Learning Models in Pesantren-Based Schools
  • Nov 19, 2022
  • Nazhruna: Jurnal Pendidikan Islam
  • Komarudin Komarudin + 3 more

This article aims to describe the learning model of Islamic Religious Education in Islamic boarding schools and reveal its implications for learning Islamic religious education in public schools. The approach of the research is qualitative, and descriptive-analytical is the method. The data in this study were obtained through 1) Observation, 2). Interviews, 3) documentation. The results of this study indicate that this research has implications for three things: developing the concept of learning Islamic Religious Education in public schools, developing the implementation of learning Islamic Religious Education in public schools and developing an evaluation system for learning Islamic Religious Education in public schools. Then the implementation consists of learning in the classroom, habituation inside and outside the classroom and Islamic conditioning life in the school environment.

  • Research Article
  • Cite Count Icon 16
  • 10.1177/2056997115583583
Doubts about Religious Education in public schooling
  • May 15, 2015
  • International Journal of Christianity & Education
  • Daniel Moulin

This article considers potential problems concerning Religious Education in public (state-funded) secondary schools in England in order to inform ongoing debates about religion in public education in the United States and elsewhere. Findings of empirical studies conducted in England are discussed in relation to arguments that critique Religious Education. It is argued that Religious Education as it is currently conceived and practised in England may be problematic for religious believers because it can misrepresent and critique religions, particularly Christianity. It is also suggested that the subject may be confused in its aims and purpose because it is not based upon any theological or religious authority. It is suggested that these problems may present challenges to religious identity formation among adolescents and therefore may be a cause of concern for religious communities.

  • Research Article
  • 10.58540/jipsi.v2i2.351
Pendidikan Agama Islam di Sekolah Umum (Persfektif Histori)
  • Jul 9, 2023
  • Jurnal Ilmu Pendidikan dan Sosial
  • Juniarti Iryani + 2 more

The purpose of this study is to describe and analyze Islamic religious education in public schools in terms of history. The research method used is a qualitative research method with library research (Library research). Source data (primary) in the form of journals and other reading sources relating to the history of Islamic Religious Education in public schools. Data management is entirely "qualitative" because the data encountered is a verbal statement. As for the method of analysis using "inductive" and comparative techniques. The results of this study indicate that Islamic religious education is a "guardian" in achieving national education goals and is also one of the determining factors for student graduation. The implementation of Islamic religious lessons from the colonial period to the reform order era has increasingly had the strength and support of the government in its application in public schools. The strength of Islamic religious education in public schools is further strengthened by the provisions in the law stipulated by the government. Therefore, the existence of religious education in schools will help educators and the government to achieve national education goals.

  • Research Article
  • 10.1080/01416200.2026.2615113
Secularism as non-theocracy. Brazil’s confessional religious education in public schools
  • Jan 14, 2026
  • British Journal of Religious Education
  • Sebastián Rudas

This article examines the Brazilian Federal Supreme Court’s ruling on the constitutionality of confessional religious education (CRE) in public schools. It argues that the Court’s endorsement of CRE marks a significant departure from a republican conception of secularism, traditionally associated with the role of public education in forming democratic citizens. The article contends that the Court redefines secularism in minimal terms – as non-theocracy – thus allowing public institutions to support religious instruction, even at the expense of the ideal of democratic citizenship. Four core arguments underpinning the decision are reconstructed and critically assessed: the facultative, constitutive, basic rights, and tradition arguments. Using the tools of normative political philosophy, the article demonstrates that even rigorous reconstructions of these arguments fail to meet minimal standards of public justification. In doing so, it challenges the notion that CRE can be reconciled with the values of a constitutional democracy.

  • Research Article
  • Cite Count Icon 3
  • 10.5952/51-3-94
RELIGIOUS INSTRUCTION IN PUBLIC SCHOOLS IN VIEW OF THE FUNDAMENTAL RIGHT TO RELIGIOUS FREEDOM: A CHRISTIAN ETHICAL PERSPECTIVE
  • Feb 1, 2012
  • Nederduitse Gereformeerde Teologiese Tydskrif
  • J.M Vorster

Religious instruction in public schools in view of the fundamental right to religious freedom: A Christian ethical perspectiveThis article examines the way religious instruction can be arranged and executed in a liberal democratic society. Several options for the implementation of the fundamental right of religious freedom are investigated as well as the bearing of each of these on religious instruction in public schools. The article concludes that the active plural model for the implementation of religious freedom offers the best solution when it is measured within the framework of religious tolerance and peace. This option entails that pupils in public schools should be permitted to observe their respective religions, to wear religious symbols and to be instructed in the religion of their choice. They should also be taught about other religions in order to develop respect for people of other religious persuasions.

  • Research Article
  • 10.33084/jhm.v12i2.10701
Policy Analysis Of Islamic Religious Education In Public Schools And Universities
  • Dec 9, 2025
  • Jurnal Hadratul Madaniyah
  • Lilik Kholisotin + 1 more

This study analyzes the policy of Islamic Religious Education (PAI) in Indonesian public schools and universities within the framework of national education. Using a qualitative library research approach, data were collected from constitutional documents, educational regulations, academic works, and scholarly discussions. The findings show that PAI is not only a curricular requirement but also a strategic instrument for shaping moral character, strengthening national identity, and fostering religious moderation in a pluralistic society. Despite strong legal foundations, the implementation of PAI faces challenges from globalization, secularization, and the spread of radical content through digital media. However, opportunities also emerge through technological integration and innovative pedagogical approaches that can enhance inclusiveness, tolerance, and critical engagement. The study concludes that strengthening PAI policies requires adaptive curricula, digitally competent educators, and collaborative efforts among stakeholders to ensure that Islamic education contributes meaningfully to the development of a faithful, moderate, and socially responsible generation.

  • Research Article
  • 10.64268/lca.v1i2.81
Cultural Governance of Religious Education in Public Schools: How Pedagogical Innovation Shapes Students’ Spiritual and Emotional Intelligence
  • Dec 21, 2025
  • Language, Culture and Art
  • Sumarti + 1 more

Purpose: This study examines how religious education in public schools operates not merely as a pedagogical practice but as a form of cultural governance that shapes students’ spiritual and emotional intelligence. Rather than treating religious instruction as a curricular subject alone, the research investigates how institutional routines, school culture, and informal religious practices collectively function as governance mechanisms that influence students’ character formation. The study aims to reposition religious education within broader debates on institutional governance, culture, and administrative practice in public education systems. Method: Using a qualitative case study approach, the research draws on in-depth interviews with teachers and school administrators, classroom and extracurricular observations, and document analysis of school programs and policies. Data were analyzed through thematic coding to identify patterns linking pedagogical innovation, institutional culture, and governance practices. This approach allows for an interpretive understanding of how formal rules and informal norms interact in shaping students’ spiritual and emotional development. Findings: The findings reveal that religious education in public schools functions as a hybrid governance system, combining formal administrative arrangements with culturally embedded practices. Pedagogical innovations, such as contextual religious activities and value-based routines, are shown to foster students’ emotional regulation, empathy, and spiritual awareness. These outcomes are not produced by curriculum content alone but by the consistent alignment between institutional culture, teacher agency, and informal governance mechanisms within the school environment. Significance: This study contributes to the literature by introducing cultural governance as an analytical lens for understanding religious education in public institutions. It extends governance scholarship beyond legal and administrative compliance toward everyday cultural practices that shape educational outcomes. The findings offer theoretical and practical insights for policymakers and educators seeking to integrate character education within public schooling while respecting institutional diversity and cultural context.

  • Book Chapter
  • Cite Count Icon 14
  • 10.1057/9781137330727_6
Church and State in Croatia: Legal Framework, Religious Instruction, and Social Expectations
  • Jan 1, 2014
  • Siniša Zrinščak + 3 more

The purpose of this chapter is to provide an overview of Church-state relations in Croatia since the collapse of communism. Our focus is mainly on the general development of the legal framework, and on the introduction and development of religious instruction in public schools. The issue of religious instruction serves to illustrate and discuss the main dilemmas about how to frame Church-state relations in the post-communist era, or more precisely in a country with a high level of religiosity, with the marked social role of the Catholic Church. Yet, in spite of that, Croatia opted for the separation of Church and state, for equality of all religions before the law, and for respect of freedom of thought, conscience, and religion. Therefore the presentation of different aspects of religious instruction is followed by a summary of public debates on the introduction of religious instruction in public schools in the 1990s. In addition, the chapter touches on social perceptions and expectations from religion in the public sphere, as the development of Church-state relations largely reflects the overall social climate in a country, an important part of which are the social expectations of people from different religions.

  • Research Article
  • Cite Count Icon 3
  • 10.5604/01.3001.0053.9204
Religious education in a public school between religious particularism and general education. Comparative analysis
  • Oct 4, 2023
  • Studia z Teorii Wychowania
  • Bogusław Milerski

The basic determinant of a public school as a social and educational environment should be the promotion of social inclusion and cohesion. In most countries of the European Union, religious instruction is a subject of school education. These countries adopt different models in terms of legal legitimacy, organization and curriculum. The idea of introducing religion as a compulsory subject appeared in Poland. Non-public schools, i.e. a school run by social, religious or privat units, have the right to special curricular solutions. A public school, i.e. a school free of charge and available to every student, regardless of their worldview, should conduct religious education in the spirit of dialogue and social cohesion as an element of general education. This article presents a comparative analysis of religious education in public schools from the perspective of the relationship between religious particularism and general education. I assume that in individual countries both religious particularism and general education may be defined differently in the context of school education.

  • Research Article
  • Cite Count Icon 1
  • 10.54248/alhadi.v6i1.1117
PROBLEMATIKA PENDIDIKAN AGAMA DI SEKOLAH UMUM
  • Jan 6, 2021
  • Jurnal Ilmiah Al-Hadi
  • Haidar Putra Daulay + 3 more

Every student's behavior, consciously or not, is always colored by values ​​that come from the concept of religion he believes in, and always tries to instill these religious values ​​in order to live in himself and others. Through religious education it is hoped that it can encourage students to obey their religious teachings in their daily life and make religion the ethical and moral foundation in their personal, family, community, national and state life. The problems of Islamic religious education in public schools seem to be placed in second place when compared to other subjects. Most of the students do not pay attention to focus on studying Islamic religious education. This problem is none other than the fundamental cause because Islamic religious education does not include lessons at the UN, student behavior is not a measure of starting only based on cognitive, limited hours of Islamic religious education in schools.

  • PDF Download Icon
  • Research Article
  • Cite Count Icon 7
  • 10.5937/analipfb1603025a
Religious education in public schools and religious identity in post-communist Serbia
  • Jan 1, 2016
  • Anali Pravnog fakulteta u Beogradu
  • Sima Avramovic

The author analyses types of religious education in European and Serbian state-run schools searching for an innovative approach to existing classifications. He suggests four criteria to differ and categorize types of religious education in public schools, claiming that the actual taxonomy is often insufficient, inconsistent or perplexed (having usually been based upon one or two elements). He proposes categorization which encompasses point of view and interests of tax payers, of the politics, of the pupils and of the religious teachers. More criteria could lead to a better assessment of particular system of religious education. He also suggests that, apart from usual categorization in confessional and non-confessional religious education, it would be useful to introduce categories like 'mostly confessional' and 'mostly non-confessional', as clear-cut models are very rare. In addition to this he offers arguments why 'cognitive' type of religious education would be more proper label instead of 'non-confessional'. Further on the author examines controversies, disputes and manner of reintroduction of religious instruction in Serbian legislation after the fall of the communist regime in 2000 and presents the current situation, including very recent changes considering curricula. He points to some very distinctive features of religious education model in Serbia which could be of interest in comparative perspective, particularly in the time when many states in Europe tend to improve their religious education system. Finally, he points to importance of religious education in building religious identity of young generations in post-communist countries, and differs two types of religious identity - perceptive (intuitive) and cognitive (rational). He concludes that 'educating into religion' has to exist for some time in post-communist countries due to historical circumstances (within more or less confessional model). Additionally, he finds that it should be only gradually transformed into 'educating about religion' and 'education from religion' pattern, fostering cognitive religious identity to strengthen parallel with the perceptive one.

  • Research Article
  • Cite Count Icon 2
  • 10.37348/aksi.v1i1.205
Problematika Manajemen Pendidikan Agama Islam di Sekolah dan Kampus Umum
  • Nov 22, 2022
  • AKSI: Jurnal Manajemen Pendidikan Islam
  • Mufarrihul Hazin + 1 more

Islamic Religion education is the most important thing to implement in each education level from elementary, high school, and higher education, from basic formal public schools into campuses. The purpose of this study is to analyze the problems of Islamic religious education in public schools and campuses along with solutions to overcome them. The research method used in this research is library research using content analysis. The research results show that; First, the problems of Islamic religious education in public schools, namely the limited time allocation of only 2 hours of lessons per week, learning that is more oriented towards cognitive aspects, learning methods that are still traditional and boring, and the lack of competence of teachers. Second, the Problems of Islamic Religious Education on public campuses, namely: the provision of a very minimal credit load, only 2 credits, the provision of learning patterns that are less sustainable and only theoretical in nature, the form of developing an autonomous Islamic religious education, and Islamic religious lecturers who are not linear.

  • Research Article
  • Cite Count Icon 3
  • 10.55073/2021.2.143-162
Religious Education in the Public Sphere in Slovenia
  • Jan 1, 2021
  • Law, Identity and Values
  • Frane Staničić

Slovenia is among the few European states that explicitly do not allow religious education in public schools. This rule is prescribed by the Organization and Financing of Upbringing and Education Act (Education Act), which explicitly prohibits all religious activities in public schools. It prohibits any other kind of denominational activity in public schools and kindergartens. Several Slovene authors have argued that the area of education runs a high risk of either remaining or becoming a battlefield for ideological disputes. This study analyses the Slovenian legal regulation of religious education in public schools. First, the Slovenian model of state–church relations is explained. Then, a brief overview of the historical regulation of religious education in Slovenia’s public schools is provided in order to enable a clear understanding of current regulations.

Save Icon
Up Arrow
Open/Close