IS IT PERMISSIBLE TO DISTRIBUTE RELIGIOUS LITERATURE SUCH AS THE QUR'AN IN PUBLIC SPACES?
Summarized: In order to be allowed to distribute religious literature in public places, one usually needs a so-called special-use permit from the competent authority, especially if one wants to set up stands. If the distribution campaign is minor and does not cause any significant disturbance to others, no permit is required.
In principle, advertising a faith is protected by freedom of religion under Article 4 of the German Basic Law.1 This also includes the distribution of religious writings such as copies of the Qur’an. However, depending on where and how the scriptures are distributed, a so-called special use permit must be obtained from the competent authority before distribution in public. If the distribution of the scriptures does not typically cause any significant conflicts of use, no special use permit is required, because this requirement would be disproportionate in this case. For example, the simple distribution of religious leaflets in areas of traffic, such as pedestrian zones or wide footpaths, is in principle not subject to authorization.2 However, when setting up objects, such as information tables or stands, conflicts often arise because of road usage, so a special-use permit is required.3 In individual cases, the competent authority may refuse an application for a special use permit, in particular if the distribution of the religious writings impairs the safety and ease of traffic.4
1 Garass in: Jarass/Pieroth/Bodo, Grundgesetz-Kommentar, 3th Ed. 2014, Art. 4 margin 10.
2 Federal Constitutional Court, case from 18.10.1991, Az. 1 BvR 1377/91.
3 Sauthoff in: Johlen/Oerder, MAH Verwaltungsrecht, 4th Ed. 2017, Section 21 margin 54.
4 See above, margin 62.