Criminal law
Proposal after Islamist demonstration: Make calls for a caliphate a criminal offense
Christoph de Vries (CDU) speaks in the Bundestag about the consequences after the Islamist demonstration in Hamburg
© Jonathan Penschek / DPA
A demonstration by the Islamist scene in Hamburg recently caused outrage beyond the city state – among other things because of posters with the inscription “Caliphate is the solution”. What follows from this?
“Even if this is sensitive to fundamental rights and means an interference with freedom of expression, we have to have this debate seriously,” said the CDU politician. The Federal Government’s Commissioner for Religion, Frank Schwabe (SPD), referred to the limits of religious freedom with regard to such demonstrations.
Tightening of criminal law demanded after Islamist demonstration
De Vries emphasized that Federal Interior Minister Nancy Faeser (SPD) and Federal Justice Minister Marco Buschmann (FDP) should submit a legislative proposal. From his point of view, it would be conceivable, for example, to create a regulation according to which anyone who publicly calls for the establishment of a state order in Germany that is incompatible with the free, democratic basic order would be liable to prosecution. A change that would be linked to the offense of high treason or denigration of the state would also be possible.
Last weekend, a demonstration organized by Islamists in Hamburg caused outrage. The more than 1,000 participants aggressively denounced allegedly Islamophobic policies and media reporting. In addition, a caliphate was called for as a solution to social problems – even if only for Islamic states. The rally was organized by the group Muslim Interaktiv, which is classified as definitely extremist by the Federal Office for the Protection of the Constitution.
Schwabe: Hatred and agitation have nothing to do with religious freedom
The religious representative Schwabe told the “Rheinische Post” (Friday) with regard to the demonstration: “Hate and agitation and an undermining of the free democratic basic order obviously have nothing to do with religious freedom. On the contrary, they undermine the idea of respecting human rights – and thus also freedom of religion and belief – in a democratic, pluralistic political system.” A project that questions the free democratic basic order cannot invoke religious freedom, even if it repeatedly refers to a religion. “This has just as little to do with religious freedom as right-wing extremists who supposedly want to defend Christianity.”
The caliphate as a form of rule dates from the time after the death of the Prophet of Islam, Mohammed, in 632 AD and names a system based on Islamic law (Sharia). As Muhammad’s deputy, the caliph was both a religious and secular ruler. Federal Chancellor Olaf Scholz (SPD) had already warned of consequences on Monday: “It is very clear: all the Islamist activities that are taking place must be dealt with using the possibilities and options for action of our constitutional state.” We have to take a close look at “what concrete consequences can now be drawn from the things we saw there.”