Muslim parents take the school to the German courts so that their daughter does not go on a school trip.
The family believes that sleeping away from home puts their daughter's moral values at risk if there is no male relative to supervise her. The aim was for the school to exclude her from a compulsory excursion.
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According to reports the German newspaper Schaumburger Nachrichten, A Muslim couple have taken the school to court to prevent their twelve-year-old daughter from taking part in a five-day school trip.. The family went to court because they believed that the minor could not sleep away from home without the supervision of a male relative. The parents' claim was that the school make a religious exception and excluded her daughter from a compulsory activity.
The parents maintain that A single Muslim girl cannot spend the night away from home without being accompanied by a close male relative.. They consider that avoiding this situation is part of their main obligations as parents and that allowing their daughter to sleep away from home for several days puts its moral and religious virtues at risk.
The school gave in to the family's demands.
Before the conflict reached the courts, The school tried to adapt to the family's demands.. It was proposed that one of the parents accompany the girl on the five-day excursion to look after her. The proposal was rejected: the father cited work commitments and the family said they had no other male relative who could take on that role.
Despite the religious adaptation proposed by the school, The parents maintained that their daughter could not take part in the excursion without a man of the family. that it be controlled. Therefore, they asked the Administrative Court of Minden that would force the school to let the girl stay at home. They also did not explain why the mother could not accompany her, a detail that caught the court's attention.
The court forces the girl to go on a school trip.
The court He rejected the parents' request and gave priority to the school's educational mandate.. The judges recalled that Excursions are part of compulsory schooling.and that schools cannot be subject to all the religious prohibitions that each family deems binding. In a state school, the organisation of activities cannot depend on the individual consent of all parents.
The resolution also took into account that the school had already offered an extraordinary solution for a parent to accompany the minor. Once this possibility was rejected, The court considered that there was no sufficiently serious reason to exclude her from the excursion.. The girl had to take part like the rest of her classmates, even if that contradicted the religious interpretation imposed by her parents.
Other courts have accepted the surveillance
The case of Minden is no exception. The German association of Muslim lawyers Forum Recht & Islam explains that German courts have deemed it acceptable for a Muslim pupil to take part in a school trip under the supervision of a male family member.. The proposed solution has been to allow the father, a brother or an uncle to accompany her as a guarantor of compliance with the religious rule. Rather than automatically rejecting the notion that a girl might need male guardianship to live with her peers, The response has been to incorporate this monitoring into school activities.rest.
The Muslim lawyers They recognise that the excursions are compulsory. and that avoiding pork, alcohol or ensuring prayers are said does not usually justify an exemption. But when the requirement arises that the girl must not travel without a male relative We need to find out which man in the family can accompany her on the excursion.. Thus, an activity intended to foster the students' autonomy ends up becoming a supervised outing so that the minor does not fall outside family control.
The Guide for Muslim Lawyers it even cites the case of a student who lived in terror at the prospect of breaking some Islamic rule.. She feared accidentally eating pork, being unable to perform the five prayers and ablutions, losing her headscarf, being seen naked or her classmates judging her for the way she showered. The tribunal considered that this fear had reached an almost pathological level and was comparable to a serious psychological disorder. She did not obtain a religious exemption, however. She was sidelined from the activity because her anguish had already rendered her unable to take part..
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