Hamburg. At a demonstration by an Islamist movement, around a thousand participants called for a caliphate in Germany. Are you allowed to do that?
It was the political excitement of the weekend: supporters of one demonstrated in Hamburg on Saturday Islamist movement. Shouts of “Allahu Akbar,” which translates to “God is great,” could be heard in the streets. Many participants called for the establishment of a caliphate. Phrases like “Caliphate is the solution” could be clearly read on several signs. The demonstration also criticized anti-Muslim reporting and freedom of the press.
Over 1,000 participants joined the demo, which was officially registered by the group “Muslim Interaktiv”. That sounds harmless at first, but that’s apparently not the end of it. According to the Hamburg Office for the Protection of the Constitution, this group is the “Hizb ut-Tahrir“close to an Islamist movement that is banned.
After the Islamist demonstration in Hamburg, many questions arise. A Caliphate in Germany – What would that mean for the Federal Republic? And: Can you just demand that?
Islamist demonstration in Germany – Can we demand a caliphate?
A caliphate is an Islamic form of government that originated in the 7th century. According to the Federal Agency for Civic Education, caliphate literally means “representation.” In the caliphate, the caliph is the ruler, he is considered secular and spiritual leader. The caliph goes back to the Prophet Mohammed, the founder of Islam. He was ruler of Medina. Sharia law is used as jurisprudence; it is the order established by God in Islam.
Exactly how the caliphate is implemented depends largely on the religious and secular views of the ruler. High Kennedy, professor of Arabic studies in London and historian, argues in his book “The Caliphate. From Muhammad’s death to the ‘Islamic State,’” that it no unified picture of the caliphate have existed in history. There were caliphs who strictly controlled the Muslim population. Others, on the other hand, were “generous and open to ideas and customs,” writes Kennedy.
Read about it:Islamists call for a caliphate in Germany – what is that?
Critics fear that those calling for a caliphate in Germany are becoming one backward-looking form of government wish. A state in which there is no place for those who think differently. In which the practice of other religions is restricted, as is freedom of the press. Without rights for women or LGBTIQA+.
Experts: Freedom of expression guaranteed by the Basic Law
Is it even permissible to demand such a form of government in Germany? From a legal perspective, this is possible, says Mia Sperling-Karstens. The spokeswoman for the Hamburg public prosecutor’s office told the “Bild” newspaper: “This Basic Law guarantees a relatively wide freedom of expression. Offenses of high treason would be punishable (§§ 81 ff. StGB), but they require an ‘undertaking’, i.e. an active act, and possibly the public incitement to commit crimes (§ 111 StGB).”
The Basic Law thus guarantees that participants in the Islamist demonstration legally not attackable make. The demand for a caliphate falls under freedom of expression – as long as it does not incite crimes.
There may still be a risk of legal repercussions. Individual banners and slogans at the demo in Hamburg would be checked for criminal relevance, said Hamburg police chief Falk Schnabel in the ZDF morning magazine. “But it is also a fact that our Basic Law also has a view to freedom of assembly and freedom of expression extremist opinion demonstrations allows,” explained the official.
The Right of assembly is primarily there to ensure that a meeting takes place peacefully. It’s not about allowing or banning certain opinions. “We are the police, our law is neutral,” said Schnabel.