This Country Profile provides a basic overview of the legal history and institutional structures of the Federal Republic of Germany (Bundesrepublik Deutschland), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Germany's Constitution, Islamic law (sharīʿa or fiqh) has no legal status.
Country Background
Germany is located in Central Europe and is bounded by both the North and Baltic Seas. Its border countries are Denmark, the Netherlands, Belgium, Luxembourg, France, Switzerland, Austria, the Czech Republic, and Poland. The capital of Germany is Berlin. The official language is German. The country's population in 2016 was approximately 80.7 million people. As of 2016, 12% of Germany's population did not have German citizenship, often because they are migrant workers or refugees (taking in over a million refugees as of 2015). Germany is a predominantly Christian country, with about 29% of the population Roman Catholic and 27% Protestant. Islam is the second most prominent religion in Germany, and Muslims make up about 4% of the country's population.
Constitution & Legal Structure
Germany is referred to as a constitutional parliamentary republic, in which sovereignty belongs to the people and the Constitution is the supreme law of the land. The system of government is common law based on Roman Law with some references to Germanic Law. Germany comprises of sixteen states which are collectively referred to as Bundesländer. Each state has its own constitution, and they are largely autonomous in regard to its internal organization. At the federal level, the principles of separation and checks and balances are consolidated in the three branches: legislative, executive, and judicial. Germany is a member state of the European Union.
Constitutional Status of Islamic Law
Islamic law has no constitutional status in Germany.
Jurisdiction(s) of Islamic Law
Islamic law has no official jurisdiction of operation in Germany.
Dominant School of Islamic Law
Germany has no official school of Islamic law.
Sources of Law for Legal Research
Official Publications
Unofficial Databases
References:
For an extended list of legal resources for this country, see the Library of Congress’s Research Guide, and for a narrative review, see the GlobaLex Foreign Law Research Guide (most updated version, where available). The Constitution is available in the LOC Guide in its original language and at Constitute in English and Arabic translation. For full versions of past constitutions, amendments, and related legislation, see HeinOnline World Constitutions Illustrated or Oxford Constitutions of the World [subscription required for each].