The Legal and Administrative Analysis of Waqf in Bosnia and Herzegovina – Adnan Trakic

The Legal and Administrative Analysis of Waqf in Bosnia and Herzegovina – Adnan Trakic

Abstract

This analytical research will analyze the establishment and administration of waqf in Bosnia. The establishment of waqf in Bosnia could be traced back to the days of Ottoman occupation of Bosnia in 1463. Firstly, this paper will explain the establishment and the development of waqf together with its institutions with reference to the 15^th and 16^th centuries when some of the most famous waqifs emerged in Bosnia and Herzegovina. The great period for waqf in Bosnia and Herzegovina came to an end with the change of regime when Hapsburg Monarchy took over Bosnia and Herzegovina from Ottoman Empire in 1878. From this year onwards the institution of waqf in Bosnia and Herzegovina was subject of enormous injustice, hostility, and devastation from the various regimes that have ruled the country. The deteriorating position of waqf property extended throughout the period of Kingdom of Yugoslavia in 1918. Secondly, the writer will touch on the issues pertaining to unlawful confiscation and nationalization of waqf property in Bosnia and Herzegovina during the communist and socialist regime of Yugoslavia in 1943. In the year 1958 when socialist regime culminated in the Bosnian territory, the institution of waqf was completely shut down. As a result of it, the waqf property was confiscated and nationalized. Subsequently, many cases emerged before the civil court of Yugoslavia for waqf property to be returned back to the waqf trustees and administrators but the pleas were in vain. Legislators at that time worked in favor of government of Yugoslavia under whose supervision Bosnia and Herzegovina was at that time, and the nationalization and confiscation of property were proclaimed lawful for the best interest of the state. This lasted until the breakdown of Yugoslavia and independence of Bosnia and Herzegovina in 1992. Thirdly, when the Muslim community of Bosnia and Herzegovina became stronger and independent after the aggression on Muslims which took place from 1992-1995, the Council of the Islamic Community of Bosnia and Herzegovina made the decision to establish the Waqf Directorate in Sarajevo with the specifications of its rights and duties, as the legitimate successor of the Waqf institution that was closed down in 1958. Lastly, this paper will also evaluate legal applications of the restitution claims made by religious communities for the property which was unlawfully confiscated through various legislative mechanisms during and after the communist regime. The ways to safeguard and protect the waqf properties from the meticulous and unlawful legislative practices which could result into nationalization of waqf property will be examined as well.