The Federal Administrative Court in Leipzig has ruled that a 13-year-old Muslim girl must take part in mixed-sex swimming lessons, provided she is allowed to wear a full-body swimsuit that exposes only the face, hands and feet.
The girl’s lawyer argued that, according to the Koran, she was not only forbidden from showing herself to boys but also from seeing the shirtless boys. The Court rejected her appeal against earlier decisions by two courts in the state of Hesse, holding that the plaintiff had not made it sufficiently clear that taking part in these co-educational swimming lessons wearing a “burkini” swimsuit breaches the rules of Islam. Judge Werner Neumann said an education system in a pluralistic society could not accommodate every religious concern.
The outcome of this case has prompted wider discussion about the challenges of pluralism and attitudes towards Muslims in Europe. Chairman of the Central Council of Muslims in Germany, Aiman Mazyek, commented that wearing a full-body swimsuit is “reasonable from an Islamic perspective” but if a female student chose not to swim with male students for religious reasons, this ought to be respected. He added, “What is being contested here is not so much the integration of religious communities or the girl in Frankfurt but rather the tolerance of our society and the willingness to implement what our constitution already approves - freedom of conscience, and religious freedom”
Click here to view an article in Reuters about the issue.
Click here to read an article in Deutsche Welle
In related news, the Blackfriar’s Crown Court in the UK has reached a compromise concerning Muslim dress when giving evidence in court. Judge Peter Murphy ruled that a Muslim woman must remove her full-face veil (niqab) when she gives evidence but may wear it at other times during her trial. Only the judge, jury and legal counsel will be able to see the woman’s face when she gives evidence.
The Muslim Council of Britain welcomed the decision saying the judge made “the right decision by allowing women to wear Niqab and take it off when giving evidence. We should accept that reasonable accommodation has been made to respect her religious rights”.
On the same day Birmingham Metropolitan College reversed a decision to ban the niqab veil. The decision to ban the niqab was met with outcry from students and threats of demonstration. Deputy Prime Minister Nick Clegg had expressed his “unease” at the decision to implement a ban.
Click here to view an article in the Independent about the issue.
Click here to read a press release from the Muslim Council of Britain.
Click here to view the full judgement.