ARE MUSLIM STUDENTS ALLOWED TO ESTABLISH AN ISLAMIC UNIVERSITY COMMUNITY (ISLAMISCHE/MUSLMISCHE HOCHSCHULGEMEINDE)?
Freedom of religious association is explicitly mentioned in Article 140 of the German Constitution in conjunction with Article 137 (2) of the Weimar Constitution (WRV), although Article 137 (2) WRV is already protected within the much more comprehensive fundamental right to freedom of religion from Article 4 of the Basic Law.1 The scope of protection includes the freedom to form an association, to join such an association, to be active in such an association or to leave such an association.2 Muslim students, therefore, have the right to establish an Islamic university community.
1 von Campenhausen ’Relgionsfreiheit’ in: HStR VII 2009 Section 157, margin 98.
2 Pieroth/Schlink, Grundrechte Staatsrecht II, 20th Ed. margin 727.