A mosque in the German state of Bavaria has been under scrutiny by the German domestic intelligence agency for some time. “Oh God, grant victory to the people of Gaza and let the fire of the Muslims burn the enemies. Oh God, grant victory to the people of Gaza and let the fire of the Muslims burn the enemies,” says the preacher in Arabic, delivering a series of supplications during a service. The congregation responds with agreement, saying “Amin” (Amen), as recorded by Bavarian security authorities.
This sermon has since drawn the attention of numerous powerful security officials and prosecutors in Bavaria, reaching the highest levels. It is now set to become the focus of legal proceedings. The Munich Public Prosecutor’s Office is involved, with one of its senior prosecutors, Andreas Franck, leading the investigation. “Oh God, guide the shots of the resistance forces to their targets!” Such statements by the Islamic preacher in Weiden are now becoming a test case—a test of the constitutional right to freedom of religion as guaranteed by Article 4 of the German Constitution. The question is: How far does this fundamental right extend when prayers in religious speeches call for victory over “the Jews”? Where is the line drawn?
Is This a Call for Killing—Even If It’s Addressed to God?
The small mosque in Weiden, known as the “Islamic Center,” is considered a meeting place for the Salafist scene, an ultra-conservative Islamic movement, anti-Western but not necessarily violent. However, this doesn’t change the fact that this preacher and other worshippers claim the same liberal guarantees they may not wish to grant others. “Oh God, kill the usurpers and all those who support them! Oh God, we ask You to fill the hearts of the Jews with terror.” These words from the sermon, recorded and translated by security agencies, must now be interpreted by Bavarian prosecutors. Is this a call for the killing of Jews, as the Public Prosecutor’s Office asserts? They have initiated proceedings with strong and clear accusations. The charge: incitement to hatred.
Alternatively, is this interpretation incorrect? Are the preacher’s words regarding Palestine and the “usurping Jews” merely harsh but legitimate political criticism, reflective of the harsh realities? After all, there’s no rule stating that a cleric must refrain from making political statements.
Incitement to Hatred Typically Concerns Groups in Germany, Not Israel
Importantly, incitement to hatred under Section 130 of the German Penal Code requires that hatred be incited against a religious or ethnically defined group and that violence or arbitrary measures be encouraged. Traditionally, this applies to groups within Germany, not the Middle East. The details matter here: when the preacher says, “Kill the usurpers and all who support them,” does this target Jews in Israel, or does it extend to Jews in Germany? The Public Prosecutor’s Office believes the latter interpretation applies. Whatever the judiciary decides will set a precedent for similar cases in the future.
This complexity is compounded by ongoing discussions about sermons in other contexts, such as those in DİTİB mosques under Turkish state control. Shortly after October 7, 2023, Ali Erbaş, head of Turkey’s religious authority Diyanet, described “Zionist Israel” as committing “genocide” in Gaza based on a “dirty and perverse belief.” Turkish President Recep Tayyip Erdoğan referred to Hamas as a “resistance movement” and “faith warriors” during the same period.
According to prosecutor Andreas Franck, religious freedom ends where human dignity is violated. He points to the closing words of the Weiden preacher’s sermon: “Oh God, let the Zionists suffer the worst torment… Break them, shatter them, and cast terror into their hearts, oh God. Oh God, let the circle of evil descend upon them… Oh God, save the Al-Aqsa Mosque from the clutches of the usurping Jews.”
The district court in Weiden must now decide whether to admit the charges. If the case proceeds, the preacher faces a sentence ranging from three months to five years in prison. However, deportation is not an option, as the Salafist preacher, through undisclosed means, has acquired German citizenship and holds dual nationality.
