2
RELATIONS BETWEEN THE STATE AND THE RELIGIOUS
COMMUNITIES
Switzerland
is a laic state. Nonetheless, the Swiss state recognizes both
Catholicism and Protestantism as official religions. The relations
with the religious communities are based on the fundamental
rights to freedom of religion and philosophy and to equality
before the law.
As a federation of states, all matters of religion fall under the
competence of the cantons within the limits of federal
(constitutional) law. The only two cantons that have clearly
separated the state and religion are Geneva and Neuchâtel.
Coincidentally, these are also the only two cantons that have had to
deal with legal cases with regards to wearing of the veil.
Also of note
is a recent case of another type (from May 7, 2003): in Wallis, a
Catholic canton, an imam from Macedonia was denied a work permit (to
work as an imam in Switzerland) based in large part on the fact that
the imam had studied in Medina (Saudi Arabia); the cantonal
authorities considered the imam a potential threat to religious
peace.
Islam and
Law in Switzerland
Muslims in
Switzerland must abide by all Swiss laws and regulations. In
general, no Swiss laws exist that directly interfere with any
Islamic duty. For example, no Swiss laws forbid Muslims from
exercising their religious beliefs or practices, such as praying or
fasting. However, some conflicts with Islamic rights may be
found in the Swiss family law. For example, according to the shari’a,
polygamy is a right for the Muslims, but not a duty;
however, in Switzerland like in other European countries, polygamy
is legally forbidden. Similar conflicts may also arise in estate law
or in cases where women are called to testify in Swiss courts.
Religion
at school
At the Swiss
primary school level, catechism is often given as religious class.
However, this type of education is evolving as catechism is slowly
being replaced with non-religious and inter-religious classes. In
secondary school, only an introduction to the history of religions
is offered and is most often taught as non-dogmatic or
non-confessional. “Enbiro” (Enseignement Biblique Romand) developed
a new pedagogy for teaching religion at school. This new program
gives an introduction to the most influential religions of the
world. This religious teaching was in general openly accepted in
French-speaking Switzerland, but not in the canton of Wallis where a
controversy exploded in November 2003. Some conservative Christian
parents removed their children from religion class when they learned
that Mohammed was presented as a prophet receiving God’s messages
and that the Koran was treated as a holy book. These parents were
concerned that Islam teachings were contrary to the religious
education that they wanted to provide to their children. All of the
objections made towards this new religious teaching aimed at Islam,
to the exclusion of all other religions taught. These parents have
requested that the “good old” classes of catechism, which respected
the Christian faith, be brought back.
The question
of religious studies falls under the competence of the cantons. Each
canton’s department for public education decides what weight to give
to religion in its schools’ programs (usually offering no more than
one hour per week). Therefore, in order to provide religious
education for their children, Muslims must organize it themselves.
The religious socialization is done through the families, and Muslim
organizations that offer different classes such as introduction to
Islam, the Holy Koran and Arabic. So far, Muslim pupils (as well as
pupils of other religious communities) do not beneficiate from any
free hours to attend those classes. They often take place on
Saturdays or in the early evening.
To date,
there is one exception. In the canton of Lucerne, two communes
decided to introduce Islamic religious classes for their Muslim
pupils in fall 2002. This class is given in German language to all
nationalities together and is optional. After a difficult start
largely diffused through the media, this decision has now been
accepted.
Political
Participation
To date, no
Islamic or Muslim political parties exist in Switzerland. Only a few
Swiss Muslims are involved politically and the few Muslims elected
to office have not made Islam their battle. To the contrary, their
religious belonging usually remains silent.
Similarly,
no Swiss political party has directed its political views against
Islam, even with the far right Swiss parties - which tend to take a
hard line against foreigners in general - gaining in popularity.
Note that the controversy mentioned above about religious classes
was largely supported by the UDC (Union Démocratique du Centre), a
political party often identified as far right.
The UDC
initiated a similar movement in November 2003. The canton of Zurich
was preparing a vote for a modernization of the relations between
state and church and the recognition of new confessional
communities. This project intended to give some religious
communities an official status that would allow them to perceive
religious taxes and organize religious teachings. The UDC, opposed
to this project, directed its entire campaign against Islam,
underlying that violence was a daily fact in Muslim countries, and
arguing that the confrontation of Islam with other religious
communities had always led to violence. The UDC also publicly
claimed that the shari’a (Islamic law) is a threat for the lawful
state of Zurich. The UDC’s campaign was a success and lead to the
refusal of the project.
Muslim
Religious Holidays
No
particular measures exist in Switzerland concerning Muslim religious
holidays. However, according to some judicial decisions, Muslims
have a right to take days off from work on Muslim religious holidays
unless this leave causes a major economical damage to the employer.
Also note that no reduction of work hours is legally permitted
during the Ramadan fast, but arrangements can be made with the
employer on an individual basis.
One example
of unofficial regulation that exists concerns gymnastics at school
during Ramadan. Students following their religious rite of fasting
during Ramadan are exempted from gym class due to the danger of
fainting or dehydration.
3
Religious Sociography
Number of
mosques and prayer halls
Switzerland
has registered 97 mosques and/or prayers hall. Only one in Geneva
and one in Zurich have the proper Islamic architecture to be
considered mosques whereas the rest are mainly prayer halls. Some
have real infrastructures with a library and/or a cafeteria, but
these are rare.
Islamic
Schools
There are no
Islamic schools in Switzerland. Thus, the religious socialization of
young Muslims is mostly performed by the families and the local
associations. The only exception to the rule is the canton of
Lucerne mentioned above.
The
foundation of the Geneva Mosque intends to create an institute to
train imams, a national first. The students will take
university-level courses for a minimum of two years. The teachings
will be particularly geared towards young Muslims born in
Switzerland of second or third generation. The goal is to have
people educated in religious matters as well as being integrated in
local life. Alongside classes on the Koran and the Sunnah, the
students will also follow courses in judicial decisions and
comparative law, thus enabling them to profess an Islam adapted to
the Swiss laws and way of life. This project is supposed to begin in
fall 2004.
Organizations and Associations
There are
various Muslim associations in Switzerland. At present, there are 35
generically named Muslim associations, 4 Muslims youth
associations, 3 Muslim women associations and 4 Muslim help
associations. It should be noted that most of the regular Muslim
associations have substructures for their youth and, often, the
women are also organized within the framework of the main
association. [The main associations are presented below with their
websites.]
Muslim
associations are generally locally organized, but they are also
starting to organize themselves within the frame of the cantons. In
most cantons, the associations are organizing themselves into unions
(for example, the Union of Muslim associations of the canton of
Fribourg) giving them more weight to discuss important issues (eg.
cemeteries, swimming pools, construction of mosques, etc.). At the
Swiss level, two main structures exist: "Musulmans et Musulmanes de
Suisse" (MMS) and "La Ligue des Musulmans de Suisse"; however,
there is no official representative like in France.
Cemeteries
The issue of
cemeteries for Muslims in Switzerland varies. As a federation of
states, Switzerland has left this issue to the competence of the
cantons. Most often the cantons then let the communes individually
decide a solution which best suits their population.
However, we
can briefly note that Bern was the first canton to set aside and
reserve in their cemeteries a section for Muslims. Likewise, Basel,
Saint-Gall and Zurich have opted for this solution of “Muslims
sections.” Moreover, Geneva has a Muslim cemetery and, it appears,
Basel has a private Muslim cemetery. The Muslim cemetery in Geneva
is now fully occupied and the Geneva authorities are looking for new
solutions. In January 2004, a law project was submitted to make
confessional cemeteries legal. In Neuchâtel and Fribourg, requests
for “Muslim sections” of existing cemeteries or for a Muslim
cemetery have recently been made but no official response has been
given thus far.
As for the
funeral rites, Muslim organizations usually provide personnel to
prepare the body for the funeral. The question of internment also
falls under the competence of the communes. When no legislation
exists, the parishes do their best to find a solution that is
acceptable to the family.
4
Muslims and the Media
4.1
Muslim Media
Muslim publications,
bulletins
Er-Rahma – Die
Barmherzigkeit : unahängige Teitschrift von Muslimen in der Schweiz.
This bulletin goes out 4 to 5 times a year. It is possible to read
the different articles online.
http://www.barmherzigkeit.ch/home.htm
Bulletins du Centre
Islamique de Genève. This report goes
out 3 times a year. Like the previous one, it is possible to consult
the different articles online.
http://www.cige.org/bulletins/Bulletin_24.htm
Muslim TV and radio
programs
Muslims do not have their
own programs either on TV or on the radio. However there are a
certain number of religious programs where Islam is discussed in an
inter-religious manner. Themes such as creation, death, health,
fundamentalism, etc are examples of subjects that are debated.
Websites
It is definitely on the Web
that Muslims are really present in Switzerland. Here are some Muslim
sites that show how well the associations are becoming organized.
Islam en Suisse :
http://islam.ch
Ligue des Musulmans de
Suisse : http://rabita.ch
Fondation culturelle
islamique de Genève :
http://www.mosque.ch
Association Culturelle des
Femmes Musulmanes de Suisse :
http://www.femme-musulmane.ch
Centre islamique de Genève :
http://www.cige.org
Islamisches Zentrum Bern :
http://www.muslimsonline.com/%7Ebern/german.html
Islamisch-Kultureller Verein
AHLE BEYT Schweiz :
http://www.ahlebeyt.ch
Die Zürcher Moschee :
http://www.moschee-zurich.ch
Islamic Scout Switzerland :
http://www.islamic-scouts.ch
Schweizerische Islamische
Glaubensgemeindschaft :
http://www.islamtoplumu.ch
Verein der Konvertierten
Muslime in der Schweiz und islamischer Frauenverein:
http://www.izzuerich.ch
4.2
Muslims in the Media
Unfortunately, in the media, Islam is often presented in terms of
problems, discrimination, violence and terrorism. As a direct
consequence, Islam generally has a negative image in the public
opinion. Rare is it that information speaks positively of Islam or
Muslims in general or to find the daily life of ordinary Muslim
figures in the newspapers or on TV. The media seem concerned mainly
with Islam only for big debates such as religious extremism, the
veil, cemeteries or ritual slaughter. However, in the regional
press, articles can be found about Muslims: for example, during the
Ramadan 2002, one could read articles on Muslim athletes who were
fasting.
