During the fasting month of Ramadan, the bans on worship are particularly hard on Corona Muslims. The Federal Constitutional Court sees the risk of infection. A ban without any exception goes too far.
Karlsruhe (dpa) - Friday prayers in the Muslim fasting month of Ramadan must not be banned in general even in the Corona crisis. In individual cases, it must remain possible to obtain a special permit after a thorough examination, the Federal Constitutional Court decided.
At the request of a religious association from Lower Saxony, the Karlsruhe judges overruled the regulation in the Corona regulation there. This had no provision for exceptions. (Az. 1 BvQ 44/20)
At least in view of the current danger situation, "it is not recognizable that an individual-related positive assessment can never be made," it said. The decision applies not only to mosques, but also to churches and synagogues.
The association with around 1,300 members had offered extensive protective measures. For example, several Friday prayers should be held in order to keep the events small. Believers should be required to wear mouth and nose protection. The safety distance between them should be four times greater than is currently required when shopping.
The Lower Saxony Higher Administrative Court had nevertheless seen a much higher risk of infection. When praying and singing together, a high virus output can be expected. In Ramadan in particular, there are fears that the controls will fail and the gaps will constantly be kept short. This means that worship services are more like concerts or sporting events.
The constitutional judges see this more differentiated. Purchases and services are actually not comparable - if only because there are completely different differences in size and structure among the religious communities. At the Friday prayers of the association, for example, according to the club, there was no singing and the imam prayed aloud. In addition, all community members are known to those responsible and could be invited individually.
The judges therefore come to the conclusion that the association must at least be able to apply for a special permit. When deciding on this, the authorities would have to take into account "the weight of the interference with freedom of belief associated with the ban" - "which is particularly great here, especially with regard to Friday prayers in Ramadan."
The decision also mentions points that can speak against an approval. So it depends on whether compliance with the requirements and restrictions can be effectively controlled. The local conditions as well as the structure and size of the religious community should also play a role - just like the question of how badly the respective region is affected by the corona virus.
Decision of April 29th