CAN A MUSLIM STUDENT BE EXEMPT FROM CLASS ON RELIGIOUS HOLIDAYS?
Summarized: Muslim students can be exempted from compulsory school attendance on the first day of Eid-ul-Adha and Ramadan. There are different regulations in the federal states as to whether an application has to be made in this regard or not. In any case, the school should be informed in advance about the absence of the schoolchild.
Some federal states, such as Bremen1, Hamburg2 and Berlin3, have explicitly recognized Islamic holidays as religious holidays.4 However, even without an explicit legal basis, every Muslim schoolchild has a right from the fundamental right to freedom of religion under Article 4 of the German Basic Law to comply with and sufficiently celebrate their religious holidays with the associated religious obligations that may clash with lessons on that day. However, there are certain limits to this entitlement. Getting time off school on fixed weekdays (e.g. Fridays) is generally not possible, as otherwise considerable teaching material would be missed. However, it is possible to make use of leave on individual holidays.5 Accordingly, the first day of Eid-ul-Adha and Eid-ul-Fitr are recognized as religious holidays in Germany. Muslim schoolchildren can be exempted from lessons on these days. The question of whether or not a separate application must be made beforehand varies from state to state. In any case, the school should be informed in advance about the absence of the child.6
1 See Section 8 (2) of the Law on Sundays and Public Holidays.
2 Section 3a of the Laws on Sundays, Public Holidays, Days of Remembrance and Days of Mourning.
3 Section 2 (1) of the Public Holiday Act Berlin.
4 Ehlers in Grundgesetz-Kommentar (Sachs), 8th Ed. 2018, Art. 140/Art. 139 of the Weimar Constitution, margin 7.
5 Starck in: von Mangold/Klein/Starck, Grundgesetz, Vol. 3, 6. Ed. 2010, Art. 4, margin 111.
6 Ruling in Hesse found in Section 3 (1) Nr. 4 of the Regulation on the Organization of the School Conditions.