Under what right should Islam be republican? ; De quel droit l'Islam devrait-il être républicain ?

Open Access

Abstract

the President of the Republic launched a reflection on Islam in France, relaunching a recurring topic since the 2001 attacks. At the time, the debate already focused on the difference between 'Islam de France' and 'Islam in France'. However, it was these subjects that the Elysée chose to exhume. At a time when the case law is largely in favour of Muslims wishing to praise and practise their faith, is it really useful to try to impose a clergy on a religion that does not manifest its need? We are talking about forming French imams, allowing public funding through legal trustees to circumvent the 1905 law (lease leases, loan guarantees, etc.). However, Muslims seem to be excluded from the equation — because in substance they really want to be "organised" — as well as those who have to manage relations with them on a daily basis: local elected representatives. They see their scope for manoeuvre increasingly limited by recent case-law. This ultimately deprives them of political arbitrage. The religious issue — Muslim in particular — is the one where the law is almost systematically unfavourable to local power. The decision of the Administrative Court of Dijon, which requires the mayor of Chalon on Saône to reinstate alternative menus in his municipality's canteens, is only one of many judgments which, in the name of completely republican principles, deprive mayors of any possibility of political choice and may lead to almost compulsory religious inclusion in local public policies. ; International audience ; the President of the Republic launched a reflection on Islam in France, relaunching a recurring topic since the 2001 attacks. At the time, the debate already focused on the difference between 'Islam de France' and 'Islam in France'. However, it was these subjects that the Elysée chose to exhume. At a time when the case law is largely in favour of Muslims wishing to praise and practise their faith, is it really useful to try to impose a clergy on a religion that does not manifest its need? We are talking about ...