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Seven German States Back Hijab Ban, Eight Refuse

Ludin’s ruling sparked a review of hijab in public schools

DARMSTADT, Germany, October 11 (IslamOnline.net & News Agencies) - German states have failed to reach agreement on whether to ban Hijab for public school teachers following a recent court ruling permitting regions to separately decide on the issue.

On Friday, October 10, seven states backed a legislation barring Hijab at a meeting of 16 regional ministers for culture, education and religious affairs in the western German city of Darmstadt while eight opposed such laws, according to Agence France-Presse (AFP).

The city-state of Bremen has not agreed on a formal position.

The ministers had hoped to reach consensus on the matter to avoid a patchwork quilt of legislation on the issue throughout the country.

The officials issued a statement at the meeting saying that each region would now have to decide on the matter "according to their traditions".

Germany's highest court ruled last month that a regional state was wrong in banning an Afghan-born teacher from wearing hijab in the classroom, but said individual states could pass new laws to outlaw religious apparel in public schools.

In a long-awaited decision on freedom of expression and religious neutrality in public schools, the constitutional court overturned a ruling by the southern state of Baden-Wuerttemberg in refusing to hire Fereshta Ludin for insisting to wear hijab.

The Afghanistan-born teacher, who became a German citizen in 1995, had fought her way to the highest tribunal to win the right to work in public schools while wearing her hijab.

Muslim groups and civil rights groups have defended the right to wear Hijab as an issue of religious freedom.

Detractors say teachers wearing hijab violate "the strict neutrality of public schools in religious issues" and could have undue influence on impressionable young children.

Some 3.2 million Muslims live in Germany.

Since October 1, a number of German states have been mulling whether to adopt a law to ban teachers from wearing hijab after the supreme court ruling reopened a fierce debate that has dismayed Muslim leaders.

Muslim leaders say they fear the discussion may be shaped by prejudice over other issues.

"It is a heated debate and we regret that," Aiman Mazyak, a spokesman for the Central Council of Muslims in Germany, was quoted by AFP as saying early October.

"We want a considered debate, not an umbrella debate that is influenced by other people's perceptions of the role of women in Islam and the situation in Muslim countries.

"They are interesting themes, but have nothing to do with this issue."

Although after the supreme court ruling Baden-Wuerttemberg announced plans to study a law formalizing a ban, there has been signs of second thoughts.

Justice minister Corinna Werwigk-Hertneck said legislation to ban political or religious emblems would affect Christians more than Muslims.

"You can't ban a headscarf and allow someone to wear a crucifix," she told the Stuttgarter Nachrichten newspaper early October.

A law might lead to "the elimination of all Christian symbols from schools, and I don't want our children not to have Christian references any more."

Other states have said they saw no need for legislation.

In North Rhine-Westphalia, Germany's most populous state which includes the industrial Ruhr basin, there are 15 Muslim teachers who wear hijab.

Its schools minister Ute Schaefer said that while hijab itself was not forbidden, teachers had to respect religious neutrality.

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