In Spain, Islam is considered a minority though "deep-rooted" religion together with
Judaism, the
Evangelic Church, the
Church of Jesus Christ of Latter-day Saints, the
Jehovah's Witnesses,
Buddhism and the
Eastern Orthodox Church. In this sense, the Spanish state established a legal framework for the accommodation of those remarkable religions within the legal framework of cooperative church-state relations. As of now, just the
Jewish, the
Evangelic and the Muslim communities have signed a formal Agreement with the state.
Muslims and the state in the 20th century The colonialist policy conducted by the Spanish state during the 19th and the 20th century mostly in North-Africa shaped also the politics toward the Islamic religion in the metropole. After the
Spanish Civil War (1936–1939) the dictator
Francisco Franco rewarded the engagement of Moroccan troops in his army with the construction of the first modern mosque in the Iberian Peninsula since the Muslim presence in
Al-Ándalus during the
Middle Ages, namely the
Al-Morabito Mosque in Córdoba. Furthermore, at the beginning of the civil war, it was assigned a place within the San Fernando Cemetery in Sevilla
(Cementerio de San Fernando) to bury Muslim soldiers, which was closed after the conflict. However, the Spanish State during Franco's dictatorship was defined as a Catholic confessional state and did not recognise any public expression of other religions until the Law of Religious Liberty in 1967, which means that from 1939 to 1967 Muslims could only exercise their religion in the private sphere. From then on, the Muslim community began to organise itself in associations. In 1971,
Riay Tatary Bakr, the later president of the Islamic Commission of Spain, helped to create the Association of Muslims in Spain (AME) based in Madrid, which constructed the
Madrid Central Mosque or Abu Bakr Mosque with private funds mostly from
Saudi Arabia.
Legal framework of religious diversity In the Spanish case, the legal framework for the governance of religious diversity has its foundations in the historical church-state model. In political science, the theory explaining how historical patterns can influence new policy outcomes is called
path dependency. Similarly, there have been many studies linking the governance of Islam in European countries to pre-existing church-state models. During Franco's dictatorship, the Spanish state signed the
Concordat of 1953 with the Vatican, which granted the
Catholic Church with some privileges such as state funding and the exemption from government taxation. In the
Spanish transition to democracy, the government replicated the same model by signing new agreements in 1976 and 1979, which gave the concordat the status of an
international treaty. , a Spanish enclave in North Africa The
Constitution of 1978 stipulated in Article 16 that all beliefs within the Spanish society will be taken into account and the state will maintain cooperative relations with the Catholic Church as well as with other religious denominations. Furthermore, The
Organic Law of
Religious Liberty (LOLR) of 1980 specified in Article 7 that the state should establish Cooperation Agreements with those “
Churches, Confessions and Communities” that had achieved 'deep-rootedness' (
Notorio arraigo) in Spanish society, due to their scope and the number of believers. The criteria were the following ones: • A sufficient number of members, referred to the federation or organism gathering the different churches or denominations of the requesting confession. • An appropriate and binding juridical organisation for all entities gathered within the organisation. • Historical roots in Spain, both legal and clandestinely, since a certain time that is deemed appropriate. • Importance of the social, care and cultural activities conducted by the requesting confession. • Confession's scope assessed by his territorial extension, the number of local churches, worship places, etc. • Institutionalisation of the ministers of religion, i.e., proportionality in relation to the members of the confession, study certificate, stability... This law allowed the state to sign Cooperation Agreements with the
Jewish, the
Evangelic and the Muslim communities, which were previously recognised as "deep-rooted" religions. The definition of the requirements and procedure for obtaining "deep-rootedness" was reformulated in the Royal Decree 593/2015. In 1984, the Advisory Commission of Religious Liberty (CARL), an administrative organ within the
Ministry of Justice, recognised both the Evangelic and the Jewish confessions, and in 1989 the Islamic religion achieved his recognition as well.
Cooperation Agreement between the Spanish State and the Islamic Commission of Spain Following the church-state model, the agreement would be signed by two parties: on the one side, the
Ministry of Justice representing the Spanish State, and on the other side, one representative body for each religious denomination. This obligated the different religious communities to organise themselves in a centralised and hierarchal way within a short period of time. Moreover, this model did not take into account the heterogeneous nature of the communities, especially for the Islamic religion. In 1989, after the recognition of the Islam as "deep-rooted" religion, the Spanish Federation of Islamic Religious Entities (FEERI) was created with 15 federated associations in order to serve as the single interlocutor with the state. However, in 1991 a group of communities left the Federation to form a new one under the name
Union of Islamic Communities of Spain (UCIDE). So far, there were two competing Islamic federations, which wanted to monopolise the communication with the state. The request for a Cooperation Agreement should be carried out by the religious confession and then reviewed by the public administration. Both federations started to draft an agreement in parallel. Finally, the solution was found in the creation of the Islamic Commission of Spain, founded by the FEERI and the UCIDE and established on 18 February 1992. Its raison d'être was the "
negotiation, signature and follow- up on the Cooperation Agreement with the state" as it is written in the first article of his statutes. 1992 was chosen as the year for the signature of the Cooperation Agreements, due to the 500th anniversary regarding the conquest of the
Nasrid Kingdom of Granada and the
Expulsion of Jews from Spain. Because of that, many scholars have seen the Agreements as a symbolic act rather than as an instrument for the management of religious diversity. Nevertheless, the agreements aimed to equate the one signed with the Catholic Church and so to accommodate the religions mentioned within public institutions and the school system, to guarantee the exemption from taxation and the involvement of the religious communities in the preservation of their related cultural heritage. The Cooperation Agreement between the State and the Islamic Commission of Spain includes 14 articles and three additional provisions that can be summarised in 9 topics: legal affairs,
worship places,
imams,
marriage and
festivities, religious assistance, religious education, fiscal benefits, cultural heritage, and
halal products. In the following sections, a summary with relevant facts is provided: •
Legal affairs (arts. 1, 6): the Islamic Commission of Spain shall validate the incorporation of communities and federations within its body. The communities must be also registered in the Religious Entities Office of the
Ministry of Justice. The certification of religious purposes for the creation of religious entities can be issued by their belonging federation in accordance with the Islamic Commission of Spain or directly by the commission. •
Worship places (art. 2): mosques or places of worship will be certified by the respective community in conformity with the CIE. Those worship places enjoy inviolability according to the terms established by law. Moreover, this topic comprises the right of those Islamic communities, which are integrated within the CIE, to the granting of plots in public cemeteries or the ownership of private ones. •
Imams (arts. 3, 4, 5): on the one side, the Islamic Commission of Spain is the organ that can certify imams and Islamic religious leaders. On the other side, the Ministry of Justice must first recognise those centres for religious instruction. Furthermore, those persons who meet the requirements will be covered by the
General Social Security Plan. •
Marriage and festivities (arts. 6, 12): the marriage celebrated under
Islamic Law will be effective if the applicants meet the criteria demanded by the Civil Code. Moreover, the members of the Islamic communities belonging to the Islamic Commission of Spain can apply for the interruption of their work every Friday, the day of collective compulsory prayer, from 1:30 pm till 4 pm, and the cessation of the working day one hour before sunset during the month of
Ramadan. •
Religious assistance (arts. 8, 9): the religious assistance is recognised as a right for Muslims within the
Armed Forces and in public centres such as
hospitals,
penitentiary centres and
Alien Internment Centres (CIES). Those public centres are responsible for covering the costs of religious assistance. •
Religious education (art. 10): the
Spanish school system integrates already the possibility to course catholic religion as an optative subject. Article 10 opens thus the possibility for Muslims to request Islamic religious teaching in the levels of preschool, primary and secondary education. The communities belonging to the Islamic Commission of Spain will appoint the teachers in conformity with their own federation. •
Fiscal benefits (art. 11): the Islamic Commission of Spain as well as the communities, among other fiscal benefits, will be exempt from
property taxes and other special contributions, from
corporate income taxes and
taxes on asset transfers and legal documents. •
Cultural heritage (art. 13): both the state and the Islamic Commission of Spain commit themselves to cooperate in order to conserve and promote the historical, cultural, artistic, Islamic heritage, which will continue to serve society for its contemplation and study. •
Halal products (art. 14): the Islamic Commission of Spain will elaborate a specific label for halal products in order to guarantee that those have been produced in accordance with Islamic Law. Nevertheless, the
animal sacrifice should meet the health regulations in force. On the matter of food supplies in public centres and military units, it will be sought to adapt food and schedule to Islamic precepts.
Implementation of the Cooperation Agreement The implementation of the Cooperation Agreement has been a long process that has not been yet completed. When the Agreement was signed in 1992, no other regulations regarding the concrete implementation nor financial means were determined directly afterwards. Moreover, since Spain is a semi-federal state, the competencies over the agreed measures correspond to different administrative levels: the Central Government, the Autonomous Communities, and the Municipal councils. The Agreement did not include, however, any references regarding the jurisdiction of the measures.
Places of worship The Cooperation Agreement identifies mosques and cemeteries as Islamic places of worship. In Spain, there are 13 big mosques in the cities of
Madrid (2),
Valencia (1),
Córdoba (2),
Granada (1),
Ceuta (2),
Melilla (2),
Fuengirola (1),
Marbella (1) and
Málaga (1). [See:
List of Mosques in Spain]. However, in practice, most common places of worship are small oratories established in commercial premises, garages, and private apartments. The religious communities are mostly renting these establishments, just a minority are private property. A study from 2009 about the religious situation in
Castile-La Mancha identified 46 religious communities of which only 4 had a private property. At the autonomic level, the
Community of Madrid signed an agreement with the
UCIDE in 1998, which referred in the third clause to the promotion of transfer of land to construct mosques and places of worship in Madrid. In
Catalonia, on the other side, a law was adopted in 2009 to deal with the granting of licenses by municipal councils. Especially in Catalonia, there have been many cases of social opposition to mosques. In a study conducted by Avi Stor 41 cases were reported in Catalonia between 1990 and 2013, the total cases in Spain was 74 from 1985 to 2013.
Religious assistance The competence over religious assistance varies across the institutions involved. For instance, the central government is responsible for the religious assistance in penitentiary centres except in
Catalonia. For the religious assistance in
Alien Internment Centres (CIES) has also the Spanish government, under the
Directorate-General of the Police (DGP), the jurisdiction. On the other side, the
Autonomous Communities have the competencies in the area of healthcare, thus they have to manage the religious assistance in hospitals and other healthcare centres. In 2006, a decree was adopted to regulate the religious assistance in penitentiary centres, and in 2007 an economic agreement was signed for its financing. Furthermore, the
Generalitat de Catalunya signed in 2008 a collaboration agreement with the Islamic and Cultural Council of Catalonia (
Consell Islàmic i Cultural de Catalunya) to guarantee the religious assistance in Catalan penitentiary centres through the Directorate General of Religious Affairs (DGAR). This collaboration agreement was updated in 2015 and in 2019, this time with the involvement of the Federation Islamic Council of Catalonia. Until 2019, there were 20 imams for the religious assistance in penitentiary centres in Spain, 8 of them engaged in Catalan prisons. Regarding the religious assistance in CIES, 7 imams were reported in 2019. while the communities have to develop the legislative framework and execute the educational programmes. While the education competencies have been transferred to most of the Autonomous Communities, the Education Ministry remains responsible for the competencies in
Andalusia,
Aragon, the
Canary Islands,
Cantabria,
Ceuta, and
Melilla. Regarding the regulatory framework, the Spanish government signed an agreement about the designation and economic regime of the Islamic religion teachers that went into effect for the 1996–1997 school year. This agreement referred just to public schools in primary and secondary education, although the Cooperation Agreement explicitly mentioned the semi-private schools, which are co-funded by the Public Administration. In 2000, 20 teachers were designated for the cities of
Ceuta and
Melilla and in 2005 another 20 teachers would cover the Islamic religious teaching in the communities whose competencies remained by the Spanish State. Since then, the Islamic Commission of Spain has signed different agreements with the remaining Autonomous Communities for the implementation of Islamic religious teaching. However, there was not always the need for an agreement at the autonomic level, since some communities introduced Islamic religious teaching in their school systems on the basis of the Cooperation Agreement of 1992 as in the case of islamic religious teaching in the primary school for Andalusia. In 2019, a total of 80 Islamic religious teachers were reported.
Catalonia began a pilot program for the school year 2020–2021.
Support for Integration Programmes The Cooperation Agreement established fiscal benefits and tax exemptions for the Islamic religious communities but did not stipulate a financial mechanism similar to the one for the Catholic Church. However, in the aftermath of the
Madrid bombings of 2004, the Spanish government saw the need for integrating Muslims in Spanish society besides of formulating policies to ensure national security. In December 2004, the Foundation for Pluralism and Coexistence (FPC) was created to support programmes related to cultural, educative, and social integration for those religions with "deep-rootedness", i.e. the Evangelic Church, Judaism, and Islam. Catalonia's regional government had already in 2000 created the
Directorate General of Religious Affairs (DGAR) and in 2004, this public agency launched a programme to provide access to public funding for activities regarding the integration of minority religions, which was developed before the creation of the FPC at the national level.
Halal products The Agreement stipulated that the Islamic Commission of Spain would be the organization responsible for obtaining the Halal guarantee mark from the Industrial Property Registry. In practice, it was the Islamic Committee of Spain (
Junta Islámica de España), one of the communities integrated within the FEERI, that created a Halal Institute in 2003 to regulate and certify food and products in line with the requirements of Islamic rituals under the trademark "Halal Guarantee Distinction of the Islamic Committee" (
Marca de Garantía Halal de Junta Islámica). Their claim to be the only official Institution in Spain that guarantees the halal production, however, has not been accomplished since it can be found so far 45 national trademarks in the Spanish Patent and Trademark Office website which refer to the same product categories (
Nice Classification: 1, 5, 29–33, 39, 43), without counting the European and international products commercialised in Spain. Furthermore, one of these trademarks was registered by the Islamic Commission of Spain in 2018, claiming its official mandate established in the Cooperation Agreement. == Radicalization and terrorism ==