Finding a Place for Islam in Germany: Islamic Organisations under Private and Public Law

Abstract

While in current debates on Islam in Germany recognition is often reduced to incorporation of Islamic organisations under public law, this article demonstrates that German law provides a variety of legal instruments that allow for public involvement of religious communities incorporated under private law. Despite the formal separation of state institutions and religious communities, German law encourages collaboration and visibility of religion in public space. This corresponds with the German constitutional framework that locates religion not (only) in the private, but also in the public sphere. Presenting insights from legal and Islamic studies, this article portrays recent legal measures such as new legislation and treaties concluded by German federal states (Bundesländer) and Islamic organisations that enable Muslim religious practice in public space, like prison chaplaincy and burial according to Islamic rites.