Judge rejects minor girl's plea to skip swim class on religious grounds

[Cloakedvessel]

Burkini swimsuit is 'compromise,' says German court

A teenage Muslim girl adverse to swimming lessons with boys has lost her appeal before Germany's top administrative court. Judges have ruled that the wearing of a full-length "burkini" swimsuit satisfies Muslim norms.

A top German appeals court in Leipzig ruled on Wednesday that female Muslim pupils should take part in swimming lessons alongside boys at co-ed schools. A major school teachers' association said the ruling provides clarity while planning lessons.

The same court also dismissed at appeal by a Jehovah's Witness adherent who tried to prevent her son from having to watch the film "Krabat" during German-language lessons, because it depicted so-called black magic.

In both cases the appeals court weighed up the German constitution's guarantee of individual religious freedom with state's constitutional obligation to educate youngsters.

The 13-year-old Frankfurt pupil, with family links to Morocco, had argued that wearing the Burkini would still make her feel ashamed and violated her freedom of religious practice. She also objected to seeing scantly-clad boys at the poolside.

"I am the only girl in my class who wears a headscarf," said the teenager, adding that she felt stigmatized.

Her lawsuit, seeking exemption from swimming lessons, had already been turned down by two lower courts in the surrounding state of Hesse.

Burkini represents 'compromise'

The presiding judge of the federal appeals court in Leipzig, Werner Neumann, said wearing the Burkini – a swimsuit that covers all but the face, hands and feet – was a compromise that conformed to Muslim prescripts.

The Leipzig panel agreed with the two previous appeal rejections in Hesse, saying that seeing boys in swimwear amounted to only a slight breach of the young woman's religious freedom, because in Germany care-free loose dress was observed daily on street signage and during summer months.

Neumann stressed that school tuition in a pluralistic society could not take into consideration every religious concern. It would be impractical, he said.

"The result would be the widespread disintegration of lessons," Neumann said.

'Krabat' only depiction

In the second case, the court ruled that the film "Krabat" – a classic tale in German youth literature – did not amount to acquisition of "black magic" practices, but simply depicted them.

Schools had the obligation to pass on the intellectual-cultural heritage of society to the next generation. This task would be upturned by religious taboos, the court ruled.

VBE, the trade union federation representing 140,000 German primary and secondary school teachers said the court's rulings gave schools more surety in the planning of their lessons.

ipj/dr (KNA, epd, dpa)

Burkini swimsuit is 'compromise,' says German court | News | DW.DE | 11.09.2013

 

[ranjeet]

Should have asked her parents to stay back in Morocco.

 

[JayAtl]

"I am the only girl in my class who wears a headscarf," said the teenager, adding that she felt stigmatized.

Really and this is what she going to wear among other kids to further the stigmatization ?

 

[Juice]

Let saudi or other 55 muslim countries froce foreign students to wear bukha, eat beef or any other stuff which other non-muslims hate.
Because,
The family had chosen to live in respected country and these things were the norm.


So called tolerant community who preaches world. And who supports this are just hate perticular religion. Nothing more than this.

In some threads they come up with point "Their country their rules" - When discussing about muslims right to defend islamic principles which doesnt harm other people
In some other thread they wage war against muslim countries having strict islamic rules!

This makes me think that "Islam" is more honest. It claims openly what it really wants and does. No doublespeak in it. Not like these...



Even i thought same way.
i would have claimed, if i get into water i fall ill.

I'm non-Muslim and I love beef. Alcohol and churches are already forbidden in Saudi Arabia I understand. Can my girlfriend wear a bikini at a Saudi beach? Stop whining.

 

[Juice]

But she's not being forced - she is not forced to go get an education. The school and the co-ed environment was always there. She came there, she paid or got on government funded program to be educated.

So she came to them. As far as their regular practice goes, you can argue on things that affect you only. So she wants to be fully clothed, she can do that, it does not affect anybody else... But if she is uncomfortable then thats her problem. The school or the boys should not be affected by her problems.

They can't make another class for her, who will pay for it all? Her parents? Might as well get home schooled then.

Uhm....you don't pay (except taxes) to go to school in Germany...and yes, it is compulsory.

Yes I also do a Job and not a Molana but read Islam and try to follow it and preach it and order is very clear from Quran and Sunnah Men and Women can't at those who are Na Meharm to them they have to keep their eyes down that is an order HAZRAT MUHAMMAD SAW said who ever will look will have an eye of the devil in one incident he even turned away the face of a young Sahabi by his own hand when he looked at Na Mehram women even though those women were in complete Hijab covering their face to still ordered him to turn his face away and than did it by his own hand

That's all cool. Enforce it in your own lands.

 

[Juice]

Sir they are forcing the lady to attend that swimming classes which is against Islam Sir and also Muslims should open up their own schools and we don't follow that rules which are against Islam Sir

Swimming classes are against Islam? So Mohamed actually said this? Didn't know there were all that many swim classes in old Arabia.

 

[Zarvan]

Uhm....you don't pay (except taxes) to go to school in Germany...and yes, it is compulsory.

That's all cool. Enforce it in your own lands.

The only Problem is that if west will keep doing this **** they should not cry if they get their *** kicked again Mr @Juice we decide modern things in light of Quran and Sunnah and in light of Quran and Sunnah this thing is not allowed Mr and if you would force it than don't cry if some thing happens in USA or Germany

 

[Audio]

The only Problem is that if west will keep doing this **** they should not cry if they get their *** kicked again Mr @Juice we decide modern things in light of Quran and Sunnah and in light of Quran and Sunnah this thing is not allowed Mr and if you would force it than don't cry if some thing happens in USA or Germany

LOL, here comes the stooge! Threatening how we behave in our own lands. That's why we love you. btw, bans of religious symbols keep on coming and you keep on yapping on here about some imaginary ass kicking.

What you're gonna do now son? Start a war against the west?
Sad part is, you're just a dude, who is such a pussy he is afraid to go and do what he talks about. All talk, no game!
@Topic: kudos to Germany. Smart decision! No more exceptions for the constant whiners.

which are against Islam Sir

Noone cares, you need to go wail in some other thread, we'll just make a mockery out of you in this one. Sir.

 

[Bang Galore]

and Sunnah this thing is not allowed Mr and if you would force it than don't cry if some thing happens in USA or Germany

These kind of terrorist threats scare nobody & if something "big" were to happen in U.S. or Germany, it will be you chaps crying.

 

[flamer84]

The only Problem is that if west will keep doing this **** they should not cry if they get their *** kicked again Mr @Juice we decide modern things in light of Quran and Sunnah and in light of Quran and Sunnah this thing is not allowed Mr and if you would force it than don't cry if some thing happens in USA or Germany

What you decide,what the Quran or even the Bible says means nothing,the german law dictates in Germany.Deal with it or get lost and shove your threats where the sun don't shine.You will bow to the law of the land.

 

[IndoUS]

While I understand that it is against the religion. I have to say that the school system is right on this one. It is a co-ed school, and they usually explain the yearly schedule and what the kids will be taught that year before the start of the year. My cousin's kids are in middle school right now and they are told before hand about what they will be doing in PE class before the start of the year, so the parents have time to buy the proper clothes and other things that are required for that year. So if the parents had issue with the way the school worked, they could have taken her out and put her in a all girls school or home schooled her( if possible).

 

[Juice]

The only Problem is that if west will keep doing this **** they should not cry if they get their *** kicked again Mr @Juice we decide modern things in light of Quran and Sunnah and in light of Quran and Sunnah this thing is not allowed Mr and if you would force it than don't cry if some thing happens in USA or Germany

I don't....I just laugh when we blow your little clown-nations to dust.

 

[hussain0216]

There's 5 million Muslims in Germany now and growing

If this is really a massive issue then get to as a community and start more Islamic schools

In the UK for those who are able their are now well established islamic schools who follow the national curriculum but are Islamic

The British Muslim community is half the size of the french or German muslim community so if we can do it so can you


However i think the court made a reason comprise allowing the girl to use the burkini

The burkini allows muslim girls to learn to swim and not compromise their honour or morals or dress the way non muslim girls do

 

[Jade]

Respect the law of the land. The law of the land is much above any Bible, Gita or Quran.

 

[ephone]

Judge made the right choice.

The family of the girl needs counseling.

Muslim girl cannot skip swim class - thenews.com.pk

BERLIN: A German court on Friday refused to allow a Muslim student to skip swimming lessons after she said she was uncomfortable being so close to bare-chested boys.

The 12-year-old, originally from Morocco but going to school in the southern German city of Frankfurt, had refused to take part in swimming lessons and had been marked down accordingly.

She filed to be given the right to skip the classes, her lawyer arguing that according to the Koran, she was not only forbidden from showing herself to boys but also from seeing the topless boys.

An administrative court in Kassel, western Germany, rejected her application.

It said in its ruling that she could wear the full-body swimsuit, known as the "burkini" already used by several girls at her school, which would be enough to guarantee her religious freedom.

The family had chosen to live in Germany where mixed swimming classes were the norm, the court pointed out.

One of the aims of the school system was to promote integration and tolerance, the court added, citing a ruling by Germany's constitutional court.

The applicant would have to put up with the sight of her classmates in their swimming costumes, the court said.

In secular country, law is beyond whatever you god may be.

There's 5 million Muslims in Germany now and growing

If this is really a massive issue then get to as a community and start more Islamic schools

In the UK for those who are able their are now well established islamic schools who follow the national curriculum but are Islamic

The British Muslim community is half the size of the french or German muslim community so if we can do it so can you


However i think the court made a reason comprise allowing the girl to use the burkini

The burkini allows muslim girls to learn to swim and not compromise their honour or morals or dress the way non muslim girls do