Publications in 2016

Mathias Rohe focuses on the relation between European Private International Law and religious law. Using examples, he shows the problems which can occur when foreign law influenced by religion is applied in German courts. European Private International Law serves the European idea of an area of freedom, security and justice. For that task, it seems crucial that the legal actors of European Private International Law address its fundamentals. The fundamentals – or fundamental questions – of European Private International Law are manifold. Some of them are discussed in this volume. They concern the political framework within which European Law operates, the challenges of modern concepts of “family” or the relationship of Private International Law and Religious Law.

Europäisches Kollisionsrecht und religiöses Recht, in: Stefan Arnold (ed.) Grundfragen des Europäischen Kollisionsrechts, p. 67-86.

 

Is the German constitutional state undermined by “Parallel Justice”? Are there any Sharia-courts which implement Islamic-oriental legal norms against the order of the constitution? The contribution aims at clarifying the facts. Mathias Rohe works out the real causes of “parallel justice” and describes how the constitutional protection can be efficiently guaranteed for the entire population and in what circumstances extrajudicial settlement of disputes should be used constructively.

ADR und „Paralleljustiz“, in: Politische Studien, Vol. 67, Hanns Seidel Stiftung, p. 24-32.

 

In the debate about legal thoughts in Islam and if they contradict the Western understanding of democracy and liberty, legal mechanisms are often misjudged, but also the variety of Islamic-normative attitudes. To put a religion under general suspicion is incorrect and harmful, says Mathias Rohe in his contribution Verhalten der Menschen prüfen – Islam und deutsches Recht.

Verhalten der Menschen prüfen – Islam und deutsches Recht, in: Forschung & Lehre, Vol. 23.

The anthology “Glanzlichter der Wissenschaft” (“Highlights of Science”) combined outstanding scientific publications and lectures by respected authors which occured during 2016. They reflect developments which retain their importance beyond today and the year of their publication – as an example for the scientific debate with the topics of our time.

Verhalten der Menschen prüfen – Islam und deutsches Recht, in: Deutscher  Hochschulverband (ed.): Glanzlichter der Wissenschaft.

Religious life in German schools has led to some fierce controversies in the last years. The centre of attention has shifted from “fundamentalist” Christians who campaigned against issues such as sex education, to the presence of Islam. Teachers wearing headscarves, the exemption from co-educative swimming lessons, ritual prayers during recess and, last but not least, the introduction of Islamic religious education are being dealt with by courts and politicians. This contribution Religion in Schools from a Legal Viewpoint by Mathias Rohe aims at outlining the legal context of such conflicts and elaborating reasonable solutions to them.

Religion in Schools from a Legal Viewpoint, in: Manfred L. Pirner, Johannes Lähnemann, Heiner Bielefeldt (ed.), Interdisciplinary Studies in Human  Rights 1 - Human Rights and Religion in Educational Contexts, p. 73-90.

 

Muslims have been living in Germany for decades, but still many of them are seen as foreign, sometimes even as a threat. With his profound survey on Islam in Germany, Mathias Rohe contributes to the objectification of the topic. His book describes the history of Islam in Germany as well as the variety of current Muslim living realities. It shows the importance of different religious orientations and cultures and screens the manifold Muslim organizations, initiatives and positions existing in Germany today. In the centre of his research he puts the question on how Muslim life can unfold itself in German everyday life: Which barriers exists for mosques, minarets, prayer calls or religious dress codes? How can ritual commandments be integrated into German everyday life?

Rohe, Mathias: Der Islam in Deutschland. Eine Bestandsaufnahme.

 

The handbook, edited by Mediendienst Integration, aims at a differentiated covering of Muslim life in Germany by newly classifying well-discussed topics, explaining contents and offering new perspectives of reporting. It presents numbers, facts and basic knowledge in a nutshell and with references. The contribution by Jörn Thielmann deals with the topic Islam and Terrorism. He explains the most important terms on the topic of Jihad and deals with Islamist-extremist thought, terrorist actions, processes of radicalization and the example of the so-called “Islamic State” (IS).

Islam und Terrorismus. In: Mediendienst Integration (ed.): Journalisten-Handbuch zum Thema Islam. Berlin, p. 141-146.

In his contribution Recht II: Moderne (seit 19. Jh.), Mathias Rohe gives an introduction to important Islamic topics from the 19^th century onwards. The strength of this book is the close connection between past and present: All topics are dealt with systematically and historically while highlighting their present significance.

Recht II: Moderne (seit 19.Jh.), in: Rainer Brunner (ed.), Islam - Einheit und Vielfalt einer Weltreligion, p. 258-277.