WAQF IN BOSNIA AND HERZEGOVINA IN THE

20TH AND 21ST CENTURY

Jasmin Omercic*

Abstract: This paper investigates the socio-economic role of waqf in Bosnia

and Herzegovina from the 20th century to date. Bosnia and Herzegovina
waqf endured through various political fortunes and improved the social
and economic circumstances of Muslims. A contemporary challenge is to
reconstruct this waqf. A new development is the emergence of Islamic
Economics. Since 1995, the Waqf Directorate of the Islamic Community of
Bosnia and Herzegovina (WD-ICBIH), the main authority over waqf, initiated
reforms to revive the socio-economic role of waqf and integrate it into Bosnia
and Herzegovina development. The study identifies the challenges facing
the Waqf Directorate and the development of Islamic Economics in Bosnia
and Herzegovina. The emergence of Islamic Economics and Islamic Banking
and Finance, in cooperation with the Bosnia Bank International, presents
opportunities to the Waqf Directorate to achieve its vision and mission. Some
avenues for waqf integration into Bosnia and Herzegovina development qualify
as commendable efforts of reform, indicate a feasible future for the Waqf
Directorate, and gradually address various challenges. The paper concludes
with actionable policy recommendations.
Keywords: Bosnia and Herzegovina, Bosnia Bank International, development,
integration, Islamic Economics and Banking and Finance, waqf.

Introduction
The institution of waqf plays an important role in the Muslim world. Many scholars
point to the massive waqf institutions of the Osmanli1 Caliphate.2 Unfortunately,
Muslim intellectuals neglected the institution of waqf for decades. In the middle
of the 20th century, the Muslim world awakened. Intellectual efforts, like Islamic
Economics, development, inspiring various missions to rescue the Muslim mind
from the Western worldview and to reassert the Islamic perspective.3 With
that, Muslims rediscovered waqf’s historical role. A few countries established
ministries for religious affairs or waqf. Waqf authorities initiated agendas of waqf
integration into the socio-economic fabric via Islamic Economics.4
During colonial times, Bosnia and Herzegovina waqfs became a source of
foreigners’ development. Many were destroyed and forcefully converted into
parks, cemeteries, houses, roads etc. In the 19th century, the development of

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WAQF IN BOSNIA AND HERZEGOVINA IN 20TH AND 21ST CENTURY 343

the Bosnian waqf reached its climax under the Osmanli Caliphate. However, as
a result of ill-advised efforts at reform, it gradually declined.5 Under Austria-
Hungary and subsequent regimes, which did not recognise the waqfs under a
waqf authority, Bosnian Muslims had to close the waqf institution. Even the on-
going existence of Muslim Bosnia was thrown in doubt. The phenomenon of
Bosnian waqfs’ history in the last century contrasts with the current state of WD-
ICBIH. The revival of this neglected institution is a remarkable achievement. An
overview of the evolution of Bosnia and Herzegovina waqf institution from 20th
century to date should help highlight various abuses of this institution and help
chart the way forward. It is likewise important to appraise the present WD-ICBIH
waqf agenda from the perspective of Islamic Economics. This paper attempts to
achieve these objectives. It also identifies various challenges facing WD-ICBIH
and Islamic Economics and concludes with actionable policies.

WAQF IN BOSNIA AND HERZEGOVINA FROM 1887 UNTIL 1995

Bosnian Waqf Under Austria-Hungary Rule (1878-1918)
Osmanli control of Bosnia, established in 1463, ended in 1878, when the
Berlin Congress delegated rule over Bosnia to Austria-Hungary. The Congress
guaranteed religious freedom but the Austria-Hungary legislative system confined
the Shari’ah and Osmanli Canonical law to personal affairs. This significantly
affected the Bosnian Muslims.6 That was evident from the very beginning of
Austria-Hungary rule in Bosnia and Herzegovina.7 Nonetheless, Bosniaks
integrated into the Austria-Hungary system with relative ease, especially
upon the establishment of the Islamic Community of Bosnia and Herzegovina
(ICBIH) in 1882. But Austria-Hungary could not ignore the waqf institution;
waqf properties under Austria-Hungary legislation became like any property. In
response, Bosnian Muslims demanded recognition of waqf as distinct Muslim
property. On 25 March 1883, a temporary waqf institution named the ‘Land Waqf
Commission (Zemaljska Vakufska Komisija)’ was formed to register all waqfs
in the country under the supervision of an Austria-Hungary Commissioner. Waqf
property was actually defined as the property of the ICBIH in an 1883 document
known as ‘Ordinance on the Organisation and the Competence of Shari’ah
Courts’ (Naredba o Ustrojstvu i Djelokrugu Serijatskih Sudova). In 1894, the
‘Land Waqf Directorate (Zemaljska Vakufska Direkcija)’ was established under
direction of an Austria-Hungary Government Delegate.8
The Austria-Hungary government even determined the duties of the Land
Waqf Directorate: to set waqf taxes, rules and regulation of managing waqf,
select waqf personnel and resource managers. The waqf institution was headed
by the Austria-Hungary government, followed by the Land Waqf Directorate.

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Lower levels were composed of ‘kotars’ (similar to municipalities), each headed

by a Shari’ah judge. Members of each kotar were imams of the local mosques,
school mudarris (teachers, professors) and members of the majlises (see Figure
1).9
Even though Austria-Hungary treated the waqf institution as separate from
the Islamic Community, Bosnian Muslims considered it part of the ICBIH and a
centuries-long source of absolute autonomy.

AH Government

Land Waqf Directorate

Kotar 1 Kotar 2 Kotar 3 Kotar 4 Kotar ‘N’

Members Members Members Members Members

Figure 1. Organisational Chart of Waqf Institution under Austria-Hungary10

Today, ICBIH is the strongest organisation in Bosnia and Herzegovina. If this

is true for the 21st century, one can imagine the strength and impact of ICBIH post-
1882, recognised by Austria-Hungary. Muslims, generally, became individualistic
under the new legislative system and antagonistic to the Osmanli Caliphate,
which in their view committed treason. The above-explained formation of the
waqf institution was quick. However, a few years of waqf absence was enough to
worsen socio-economic conditions. Many family waqfs were abolished, leaving
families without financial support. Waqf may not guarantee a good Muslim life
but its importance to the community should not be underestimated. Waqf also
stabilised the lives of non-Muslims who found shelter under waqf.11 In general,
it served as a safety net for Bosnian Muslims. Once broken, they were left
unprotected. They did all they could to strengthen the Islamic Community and
waqf institution through educational reforms, publishing of journals, and even an
attempt at establishing a waqf bank.
Education saw the preservation of medresas (high schools) and rushdiyye
(Osmanli secular schools), the transformation of mektebs (elementary schools)
into mekteb-i ibtidai, the formation of mekteb-i nuwwab (school of Shari’ah
Judges) etc. Syllabi were adapted to circumstances. These reforms determined
the future of the institution of waqf and produced its human capital. The quality

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WAQF IN BOSNIA AND HERZEGOVINA IN 20TH AND 21ST CENTURY 345

of the reforms motivated Muhammed Abduh (1849-1905) to apply similar

reforms in Egypt. These reforms took place in parallel with the publication of
journals like Bosnjak, Behar, Misak, whereby the public was educated about
the waqf institution and ICBIH activities. A disadvantage faced by Muslims
was their fragmentation into three groups: the traditionalists striving for the
Osmanli Caliphate, the modernists striving for life under Austria-Hungary, and
the moderates seeking balance.12
During these developments, Austria-Hungary interfered in waqf affairs
with rising frequency. This hindered Muslims from acting according to Islamic
principles. After a forced conversion of a young girl to Christianity, Fata
Omanovic, in Mostar, the Muslims embarked upon a movement to pass the
‘Statute for Autonomous Administration of Islamic Religious and Waqf-Mearif
Affairs’ under the leadership of the Mostar mufti, Ali Fehmi Dzabic. In 1909 the
statute was signed, whereby all waqf properties were officially transferred to the
Islamic Community, controlled and headed by a Waqf-Mearif Council (Vakufsko-
Mearifski Sabor) (see Figure 2). This became the basis of the legal status of all
future waqf institutions.13

ICBIH

Waqf-Mearif Council

Kotar 1 Kotar 2 Kotar 3 Kotar 4 Kotar ‘N’

Members Members Members Members Members

Figure 2. Organisational Chart of Waqf Institution after the passing of the Statute for
Autonomous Administration of Islamic Religious and Waqf-Mearif Affairs14

A year earlier, in 1908, Austria-Hungary annexed Bosnia and Herzegovina. The

new status of waqf gave Bosnian Muslims the satisfaction, security, and motivation
to become active citizens under Austria-Hungary. In 1910 there were 10,463
landowners, 136,854 free peasants, 79,677 customary tenants, and 31,416 tenants
of own land. Bosniaks made up 91.15 percent landowners, 55.65 percent free
peasants and 4.58 percent tenants with own land. The Muslims attempted to open
a waqf bank, an initiative first proposed in 1906, to revitalise the waqf in the new
system. Due to riba in the conventional economic system, Muslim minority status,

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and difficult conditions, Istanbul issued a fatwa permitting temporary payment of

interest. Various events then led to the outbreak of World War I in 1914.15

Bosnian Waqf Under the Kingdom of Serbs, Croats and Slavs (1918-1930)
Muslims experienced persecution after World War I, under the Kingdom of Serbs,
Croats and Slavs. The name itself indicated non-recognition of Bosniak-Muslims
as a community. Many waqf properties were confiscated and distributed, mainly
to immigrant Serbs. The waqf-mearif statute was declared null and void. The
Agrarian Reform Laws – Reform of Agriculture and Colonisation of Bosnia and
Herzegovina, Section 3c16 – gave the state full control over all ICBIH property.
Section 4 awarded the ownership of all buildings to the state. Section 8(1) and
(2) restricted private ownership to 10 or 30 hectares.17 The director of WD-
ICBIH, Senajid Zajimovic, warned that these measures would encourage more
crime. Statistical records indicate that 393 waqf properties were appropriated and
destroyed. This included 75 graveyards, 108 shops, 118 houses and gardens, 90
orchards, several plots of arable land, a number of valleys and 2 madrasahs.18

Bosnian Waqf Under Alexander Karadordevic’s Kingdom of Yugoslavia

(1930-1943)
Waqf under the Alexander Karadordevic’s Kingdom of Yugoslavia experienced
severe destruction. The Islamic community was governed by the Constitution of
the Islamic Religious Community of the Kingdom of Yugoslavia dated 9 July 1930
and 24 October 1936.19 However, the Ministry of Justice had jurisdiction over
waqf. At this time, the Yugoslav Muslim Organisation struggled for Muslims to
gain rights over waqf through government representation. Formally, waqf did not
exist. Informally, however, it was financing the ICBIH. The Islamic community’s
benefits from waqf had to be kept secret to forestall state persecution. A value
of 16.5 million of waqf land (16.4 dunums), or 27 percent of the Bosnian land
area, was forcibly appropriated under the Kingdom of Yugoslavia.20 The events
included:
1. The confiscation of 95 percent of the land of large owners, based on the
“Memorandum of the Associations of former owners’ serfdom-begluks’
counties in Sarajevo”, sent to Royal Governor Paul on 27 September 1938;
2. A Banja Luka decision in 1939, which deprived 107,000 dunums of the
Gazija’s Waqf in the Teslic and Tesanj area of which 1/3 is arable land and
2/3 is forest land;
3. The destruction of 24 mosques, dating to the early Osmanli Caliphate, in
Sarajevo;

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WAQF IN BOSNIA AND HERZEGOVINA IN 20TH AND 21ST CENTURY 347

4. Extensive Serb settlements took place and the land under the homes of
seizers was privatised.

Bosnian Waqf Under Tito’s Yugoslavia (1943-1990)

During this period, Shari’ah courts and law officially disappeared from the
lives of Bosnian Muslims. As before, circumstances did not allow for a smooth
management of the waqfs. In the recently-founded Socialist Federal Republic of
Yugoslavia in 1943, the Bosnian Muslims were recognised as a constituent people
and an ethnic group. However, religion and religious symbols, including the scarf
and traditional wear, were prohibited in public. Nationalisation, expropriation and
confiscation of waqf properties were all legalised under a number of severe laws.21
Even Islamic affairs were administered by the state. A new Constitution of the
Islamic Religious Community of the Federalist People’s Republic of Yugoslavia
replaced the old one as of 26 August 1947. The Constitution of ICBIH was
adopted on 13 July 1959. Under Article 25, Paragraph 9 of the 1959 Constitution,
waqf was placed under the jurisdiction of the Presidency of IC, which was to
cooperate with the local community (jama’at). On 5 November 1969 a newer
Constitution of the Islamic Community of the Socialist Federal Republic of
Yugoslavia was passed to revise jurisdiction over waqfs.22 Transgressors against
the state would be punished. The Sarajevo Process (Sarajevski Process) in 1971
sentenced several Muslim intellectuals to jail and death. Muslims were deprived
of their existenzgrundlage (existential basis). Muslims survived but the waqf
institution was temporarily closed due to a lack of financial support.23
Available statistics indicate that from 1945 until 1990, the regime confiscated
11,342 waqf properties (shops, graveyards, houses and flats, buildings, construction
areas). This amounted to 30.342.496 m2. The monetary value of confiscated flats
alone amounted to 167,400,000.00 KM (85,846,153.85 EUROS). The value lost
in the construction sector amounted to 576,600,000.00 KM (295,692,307.70
EUROS).24 These numbers reveal the scale of the damage inflicted on the waqf
institution in Bosnia.

Bosnian Waqf From 1990 Until 1995

The 1990s marked the breakup of Yugoslavia into several nations. Bosnia and
Herzegovina obtained independence in 1991, which led to genocide from 1992
until 1995. While the Constitution of the Islamic Community in the Socialist
Federal Republic of Yugoslavia of 12 September 1990 defined waqf as a
property of ICBIH, no formal waqf institution remained in existence. Moreover,
the war destroyed all records of waqfs. After the war the ICBIH formed the
Waqf Directorate, which revealed that during the 1990s, Serb and Croat war

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criminals damaged 2191 and destroyed 875 waqf properties. The percentages of
destroyed and damaged waqfs per building type were as follows: 80.68 percent
congregational mosques, 46.50 percent small neighbourhood mosques, 9.12
percent Qur’an schools, 60.00 percent dervish lodges, 48.89 percent mausoleum
shrines and 38.88 percent buildings of religious endowments.25 When the
Osmanlis left, there were around 5,000 registered waqfs. When estimating the
number of subsequent damaged and destroyed waqfs, it can be said that no waqf
was left untouched.

Bosnian Waqf From 1995 Until Today

The waqf institution, known as the WD-ICBIH, was officially reinstated on 14
June 1996, by a decision of the Council of ICBIH (Sabor Islamiske Zajednice
u Bosnia and Herzegovina) no: 2486/96. Waqf was recognised as a foundation
whereby international law protects any misappropriation or damage to waqfs,
e.g. the Law on Associations and Foundations and the widely recognised Human
Rights and Freedoms documents. Two additional laws were passed to protect
waqf and prevent damage:26
1. Laws on Prohibition of Sale of Common Property, although lease was
permitted, and
2. Laws on Special Protection of Sacred Objects and Places.
The Constitution of the Islamic Community of 1998, in Article 28, identified
waqf as a property of the ICBIH. Article 32 declared the Waqf Directorate as the
manager of waqf properties. The function of waqfs was to contribute wherever
they were functional. Some of the chief activities of the Waqf Directorate were
to produce a waqf register (a new waqf database started in 2010 and data is still
collected). Additional responsibilities were the stipulation of rules for doing
waqf (this took place in 1889 and was updated in 2000 and 2011), and the
initiation of the process of waqf restitution under a special Coordination Council
(Koordinacijski Odbor) etc. On 22 May 1999, a Statute of the Waqf Directorate
determined three organs to manage waqfs: Local Islamic Community, Special
Judicial Waqf, and Mutawallis (see Figure 3).27

Waqf Directorate

Local Islamic Special Judicial

Mutawallis
Community Waqf

Figure 3. Waqf Directorate Organs of Waqf Management in Bosnia and Herzegovina

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WAQF IN BOSNIA AND HERZEGOVINA IN 20TH AND 21ST CENTURY 349

The Waqf Directorate is part of ICBIH’s organisational structure29 and one

of the strongest institutions of ICBIH (see Figure 4). The highest authority of
ICBIH is Raisu-l-Ulama (reisu-l-uʿlema30) who is the President of the Riyasat
(the main executive body of ICBIH and the Grand Mufti or supreme authority in
the ICBH). The Waqf Directorate is accountable to the Riyaset.
Waqfs, membership fees, zakah, sadaqat al-fitr, qurban, revenue of profit-
generating agencies, funds, gifts, testaments etc. finance the above structure.
The ICBH maintains contact and cooperates with Bosniak and other Islamic
communities, institutions, and organisations the world over. Figure 5 shows
the ICBIH organisational chart with institutional bodies outside of Bosnia and
Herzegovina.32 It promotes the integration of peace and justice through religious
dialogue.33 The institutional bodies in Figure 5 (muftiluks, majlises, jama’ahs)
contribute to the waqf properties; usually through donations (cash).

Raisu-l-ulama
(The President of the Riyasat and the Grand Mufti or
Supreme Authority in the ICBIH)

The Riyasat The Council of the ICBIH

The Constitutional
(Main Executive Body of (Sabor of the ICBIH's
Court
the ICBIH) Assemby

Major Educational
Institutions of the Other Institutions of the ICBIH Publishings’
ICBIH ICBIH

Faculty of Islamic Studies in Sarajevo Waqf Directorate - Waqf Head Office Official Journal Glasnik (Herald)
Gazi Husrevbey Library Gazi Husrev Bey Waqf Takvim
Islamic Teachers’ Faculties in Zenice El-Kalem Publishing Center Newspaper Prepared
Islamic Teachers’ Faculties in Bihac Center for Islamic Architecture Journal Navi Muallim
Gazi Husrevbey Madrasa Muslim Information and News
Other Madrasas in Bosnia (Tuzla, Agency - MINA
Travnik, Mostar, Visoko, and Cazin), Agency for Halal Quality
Zagreb (Croatia), Novi Pazar (Serbia) Certification
First Bosniak Gymnanisum in Sarajevo Association of the ‘Ulama’ of the
ICBIH Sufi Orders (tariqahs)

Muftiluks (Mufti Districts) - 8 in Bosnia

Majlises

Jama’ahs

Figure 4. Organisational Chart of the ICBIH from 1995 until today 31

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350 JASMIN OMERCIC

Raisu-l-ulama
(The President of the Riyasat and the
Grand Mufti or Supreme Authority in the
ICBIH)

Muftiluks (Mufti Muftiluk (Mufti Muftiluk (Mufti Muftiluk (Mufti Muftiluk (Mufti Other Islamic
Districts) - 8 of District) in District) in District) in District) in Communities of
them in Bosnia Solvenia Croatia Sandžak Germany Bosniaks in the
World

Majlises Majlises Majlises Majlises Majlises Majlises

Majlises Majlises Majlises Majlises Majlises Majlises

Figure 5. ICBIH Organisational Chart with Institutional Bodies outside of

Bosnia and Herzegovina34

The activities of the Waqf Directorate revived the institution of waqf, and
repaired or rebuilt many damaged and destroyed waqfs. However, not much has
been achieved in the development of waqf institutions, largely due to a lack of
funds.
When Nezim Halilovic was the director of the Waqf Directorate, statistical
information from 1995 until 2007 indicated losses of confiscated flats at
64,350,000.00 KM (33,000,000.00 EUROS). The losses for confiscated
construction areas amounted to 221,650,000.00 KM (113,666,666.70 EUROS).35
The amounts would have been higher if all confiscated or destroyed properties
were included. Comparable up to date statistical information is not yet available.
However, the main reason for focusing on the period 1995 to 2007 for selected
waqf properties is to emphasise the damage caused to the Waqf Directorate.
Based on statistical information during the time of the previous director of Waqf
Directorate in 2008, the waqf properties consisted of 1144 mosques, 570 masjids,
1030 shopping lots, 3027 graveyards, 1570 houses and apartments, 886 buildings
and 4829 parcels of land. Summed up, there were 13056 waqf units.36
As of 2015, the total number of waqf units is 19,236. From those, 1560 were
entered into the new database of the Waqf Directorate. For easier analysis and
clearer overview, eight general categories were created: lands, valleys, orchards
(9,500 units), religious objects (4,653 units), parks, streets, gardens and other
habitats (1,928 units), houses and flats (1,610 units), business objects and offices
(892 units), shops, and stores (599 units), utilities (28 units) and educational objects
(26 units).37 Compared to waqf units in 2008, there were 6,180 additional waqfs in
2015. A significant rise in the number of waqfs is evident but the contributions and
benefits from those waqfs are not known. The categories reveal that the potential
in Bosnian waqf resides in the agricultural and industrial sectors due to a large

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WAQF IN BOSNIA AND HERZEGOVINA IN 20TH AND 21ST CENTURY 351

number of land parcels, valleys, and orchards. Based on the statistics, different
waqf lands, as of 2015, totalled 39,481,894 m².38 As most land areas are not
utilised, the Waqf Directorate incurs significant losses annually. Religious objects
constitute a considerable part of waqfs and less emphasis may be given to the
development of this category. Renting and other business related activities could
be profitable ventures considering the number of houses, flats, business objects
and offices. Lastly, education seems to be an underdeveloped sector. The supply
of human capital is not sufficient to develop the waqf institution faster, which
partially explains the perception that waqf properties tend to be underutilised.
The partially realised plan of the Waqf Directorate in Bosnia and Herzegovina
in 2011 helped establish detailed tasks for the future. These include protecting
the waqf in Bosnia and Herzegovina and its diaspora, preserving the continuity of
the waqf, the digitalisation of the waqf registry, intensification of efforts for waqf
restitution, setting all waqfs into function, assisting the ICBIH in utilising waqfs
in the country for socio-economic development, raising the performance of waqf
to international levels, improving and monitoring the waqfs, integrating waqf
into the economy, (for example via leasing ijarah), re-activating dormant waqfs,
increasing political participation, and promoting research and development of the
waqf through education.39

THE INSTITUTION OF WAQF AND ISLAMIC ECONOMICS IN BOSNIA

AND HERZEGOVINA
Ignorance About the Bosnian Waqf Tradition
Most Bosnians are ignorant of Bosnian waqf history. History is not particularly
interesting for many Bosnians. Foreigners show greater interest in Bosnia’s
traditional treasures. Most Bosnians perceive mosque-complexes as ordinary
architecture while foreigners wonder with awe about the philosophy behind
such architectural design. For example, foreigners are impressed that the
shops, hamams, coffee houses, trade checkpoints etc., surrounding the 16th
century Ferhadija mosque sustained social needs through the waqif, Ferhat Beg
Sokolovic. This is only one among many other complexes like the famous Ghazi
Husrev Bey Mosque, library, shops, madrasa etc. in Sarajevo. This enabled
Bosnian Muslims to live harmoniously with neighbours of different religious
denominations for centuries. Lack of awareness about this tradition prevents
waqf integration in Bosnian development today. It blurrs the link with Islamic
Economics and prevents the understanding that principles of Islamic Economics
guided such waqf development. The systematic, unified and integral method
of socio-economic life is an objective of Islamic Economics and the need for
Muslims to learn from their waqf tradition is essential for Islamic science.40

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Political Conditions in Bosnia and Herzegovina

The Dayton Peace Agreement is the constitutional arrangement of Bosnia and
Herzegovina. It is unique and complex with its tripartite system of representation
for all three Bosnian ethnic groups. This system must accommodate everyones’
interests. It efficaciously settled the conflict, established workable socio-economic
relations under the supervision of the Office of High Representative. Though not
the best solution, it was the only one possible.
While this political system enables greater waqf involvement in the socio-
economic development of Bosnia and Herzegovina, legislative impediments
prevent the waqf properties’ restitution. Public satisfaction as well as the pace of
development remain low.41 There is little political will to return the government
owned waqfs to the Waqf Directorate through legislation on restitution that would
be in accord with international law. This law would spur the WD-ICBIH with
powers to claim compensation for forcibly taken, damaged and destroyed waqfs
to boost waqf development. But rising political complexities make it unlikely for
this to happen.

Legislation of Islamic Economics For Waqf Development

There is no legal framework for Islamic bank operation in Bosnia and Herzegovina.
Islamic Economics cannot be legally recognised due to the constant exercise of
veto powers in parliament. The Bosnia Bank International and ICBIH are potential
bodies to develop waqf. This challenge facing the Islamic Economics industry in
Bosnia and Herzegovina is similar to that in Kuwait, Qatar, or Malaysia in the
past. Once Bosnia and Herzegovina resolves this, waqf may be integrated more
fully into development.

Problem of Nationalisation, Restitution and Registration

Waqf restitution is politically complicated. The Waqf Directorate had the
opportunity to recover many waqf properties from their owners but the new
owners often did not know their apartment was waqf. The lack of alternative
solutions temporarily permitted owners to stay in the waqf. The Waqf Directorate
asked for other ways of compensation but the lack of financial resources kept the
issue of most flat ownership cases unresolved.42

Vaqufnama (Waqf Certified Document) Dilemmas

Many vakufnamas were lost during the 20th century. This complicated the
process of waqf restitution. Some vakufnamas, mostly those of confiscated waqf

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WAQF IN BOSNIA AND HERZEGOVINA IN 20TH AND 21ST CENTURY 353

properties, did not suffice to return the waqf. There are even those vakufnamas
whose waqf was destroyed and damaged. No funds exist to rebuild those waqf
and the state refuses to take responsibility for the actions of previous regimes.43

Human Resources
Human resources are crucial for every institution. Inadequate skills cause slow
waqf development, thus the Waqf Directorate’s projects cannot be implemented.
Elsewhere, personnel are technologically more advanced and exposed to global
trends. This enables more efficient and effective engagement, trainings via group
discussions, seminars, conferences etc. whereby new trends and experiences
are exchanged. Zajimovic and Halilovic identified this as one of the major
drawbacks of the Waqf Directorate.44 The same accounts for development of
Islamic Economics in Bosnia and Herzegovina.

Management of Waqf
Abuse of waqf properties by mutawallis (managers) was common in all
Muslim societies. During the 16th to 18th centuries when waqf complexes were
built, mutawallis treated waqf like personal property. No oversight existed,
no cooperation with and no feedback was given to anyone. That led to the
gradual decline of the waqf institution. Good tanzimat reforms found resistance
from mutawallis. The formation of Ministries of Awqaf (including the Waqf
Directorate in Bosnia and Herzegovina) also did not resolve the problem. No
substantial change since 1995 is evident in Bosnia and Herzegovina. Policies
that foster restitution of waqf properties in Bosnia and Herzegovina and its
institutional integration, nationally and internationally, with multiple projects of
waqf reparation, rebuilding, expansion, innovation, modernisation etc. must also
improve efficiency and effectiveness of waqf management and overall control of
waqf.45

WAQF INTEGRATION IN BOSNIAN DEVELOPMENT

Waqf integration into Bosnia and Herzegovina development requires effort by the
Bosnian Muslim population to revitalise the institution of waqf. This requires a
dynamic approach. The potential is present but the question is whether available
resources are utilised efficiently. A variety of options to integrate the waqf into
the development of a country is available.46 Education is the the starting point of
every change. Suitable education can raise the awareness of the public concerning
waqf and Islamic Economics as a framework for waqf development in Bosnia and
Herzegovina.

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Waqf Integration via Education

The statistics of waqf properties in Bosnia and Herzegovina indicate that the
educational sector has been neglected since the 1990s. Personnel well-versed
in the field of contemporary waqf are, however, required to plan, direct and
execute development. Herein lies the future of Bosnia and Herzegovina waqf.
The educational platform for waqf integration through Islamic Economics and
vice versa may be intensified via “The Centre for Islamic Economics, Banking
and Finance’’ of the Sarajevo School of Economics and Business.47 Muslim
awareness about the Bosnian waqf tradition gets promoted in this way.
The European Association for Islamic Economics, Banking and Finance
recently organised a conference in collaboration with the Centre, named “New
Challenges for Islamic Economics and Finance Development,” at the Gazi Husrev
Bey Library, itself a waqf.48 This points to ICBIH’s interest in exploring Islamic
Economics as well as banking and finance. Both the ICBIH and the Centre want
waqf assets to be fully utilised to achieve the objectives of Shari’ah (maqasid
Shariʿah). This would be the result of proper education.49 The integration of waqf
within the educational process enhances the development of waqf, promotes
greater justice and contributes to healthier socio-economic relations.

Complementarity Potentials of Waqf Integration via Islamic Economics

Islamic economic thinking in Bosnia and Herzegovina requires proper
understanding of Islamic economic principles. This requires familiarity with
the Islamic worldview, which shapes the Islamic economic worldview.50 This
is not new to Bosnians. These principles motivated the attempt to establish a
waqf bank in 1906. However, the historical circumstances distorted the peoples’
mentality and blurred their direction in life. That is why integration of waqf
needs an educational platform like the centre mentioned above, to instil the basic
principles of Islamic Economics found in the Islamic worldview and familiarise
the public about the scope, content and potential of the two fields of study.
The current leadership of the Waqf Directorate strives to make waqf the
socio-economic basis of ICBIH. Islamic Economics’ socio-economic welfare
objectives do not differ from that of waqf. Therefore, the Waqf Directorate and
Bosnia Bank International should become partners in furthering socio-economic
development. This relationship of Islamic Economics and waqf reveals a potential
of complementarity. The WD-ICBIH can exploit this relationship to develop
waqf via Bosnia Bank International through, for example, agricultural projects.
However, such partnerships should differentiate waqf assets from other assets of
the bank, as in reality banks are profit-oriented.51

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WAQF IN BOSNIA AND HERZEGOVINA IN 20TH AND 21ST CENTURY 355

Magnitude of Bosnian Waqf

The historical development of waqf in Bosnia reveals the magnitude of Bosnian
waqf and its significant potential for education and the economy. Waqf cannot
be fully integrated without fulfilling the Islamic economic criteria of internal-
integrity and relational-unity.52 This would improve waqf management, human
capital, and raise public knowledge about waqf and Islamic Economics.

Trust as a Condition of Waqf Implementation

Trust is essential for develoment. Trust has played a vital role in Bosnian socio-
economic development via waqf since Bogumil times. The adoption of Islamic
economic reasoning (with criteria of internal-integrity and relational-unity)53
can increase knowledge about Bosnia’s waqf tradition, improve management and
human capital, expedite waqf restitution and recovery of many vakufnamas, and
promote Islamic Economics among others.

The Waqf Directorate’s Role in Complementing Waqf and Islamic Economics

Since the 1990s the Waqf Directorate in Bosnia and Herzegovina has reminded
the people of the role of waqf in the lives of Bosnian Muslims and non-Muslims
via periodical activities and projects. The Waqf Directorate Council constantly
works on identifying priority areas in Bosnia and Herzegovina for projects
of waqf revival, ultimately aiming at national and international integration of
Bosnian waqf through policies that meet social needs, provide better management
and cooperate with waqf institutions elsewhere in the Muslim world. It calls for
potential stakeholders to join its mission to help society by strenghtening the
waqf and to raise Muslim awareness of the hereafter.54 The vigour of the waqf
institution is again evident due to its present-day ambitions. It has the potential to
bring about a vibrant Islamic socio-economic transformation.

Understanding the Bosnian Muslim Tradition: Tolerance, Dialogue and

Integration
Islamic Economics and waqf have the potential to benefit from the Bosnian
Muslim tradition, where the waqf plays an important role. People of different
religious denominations lived harmoniously in Bosnia, as recorded by historians,
even prior to the advent of Islam. It was when Islam spread in Bosnia that
communal solidarity reached its climax.55 This treasure trove of experience of
peaceful co-existence in a multiethnic, multilingual or multitribal environment
was depleted by decades of conflict. However, from 1995, this tradition has begun
to revive. It has now reached the stage where, for example, the Bosnian tradition

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of Islam is viewed as an exemplar of the so-called ‘European Islam’ by Alibasic,

having the following four characteristics: (1) secularised Islam – since Austrian-
Hungarian rule in 1878; (2) power sharing; (3) democracy and pluralism; and (4)
nationalised Islam. However, there is room for a fuller integration between the
West and East. For this reason the Grand Mufti, Mustafa Ceric (b.1952), called
for a religious dialogue in Europe. He proposed the formation of a European
Muslim Authority to bring Muslims and non-Muslims together by endorsing
the Draft Law on Freedom of Religion and Legal Status of Churches and
Religious Communities in Bosnia and Herzegovina. Karcic defied the ‘Clash of
Civilisations’ hypothesis of Samuel Huntington, being antithetical to the ‘fault
lines’ between religions, favouring instead peaceful and fruitful coexistence.56
These are just a few examples of how the Bosnian Muslim tradition contribute to
multifaceted integration.

Potential Within Islamic Banking

A study of Islamic Banking in Bosnia and Herzegovina using the SWOT matrix
showed the general performance, prospects, and extent of Islamic economic
reasoning (see Table 1.1).57
The strengths of Islamic banking in Bosnia and Herzegovina (see Table 1.1)
match the Islamic economic objectives of interest elimination, faster and better
customer service, and God conscious educated personnel. The weaknesses of
Islamic banking are in line with the drawbacks of Islamic Economics more
generally: limited competitiveness compared to conventional banking due to
extra costs, weak efforts at development, and aversion to high-risk borrowing and
investing for faster expansion. The opportunities of Islamic banking in Bosnia
and Herzegovina reflect the Islamic Economics emphasis on innovation and
creativity, conducive to a large Muslim population, a growing economy and a
stable banking system.
The strengths and opportunities of Islamic banking create a favourable
environment not only for Islamic Economics development but also for waqf. Waqf
can play a major role in realising the aims of Islamic Economics. For example,
a good waqf framework may replace microcredit organisations and enhance
employment. Waqf and microcredit organisations provide various strategies for
development by means of socially-beneficial projects. If that succeeds, partnership
contracts (murabahah, musharakah and mudharabah) may be utilised to mitigate
the risk factors. The Waqf Directorate and Bosnia Bank International organise
periodical seminars and conferences to attract investors. Meetings between the
two are often reported in the Bosnia Bank International monthly newspaper. For
example, the Waqf Directorate organised a forum in 2015 to envision models

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WAQF IN BOSNIA AND HERZEGOVINA IN 20TH AND 21ST CENTURY 357

Strengths Weaknesses
• interest-free banking • more expensive loans
• speed of service delivery • shorter working hours
• the quality of special services • small number of ATMs
• well-trained employees

Opportunities Threats
• different (innovative) set of • tax and law system
products • insufficient knowledge amongst
• Muslim population in Bosnia and clients about the principles of
Herzegovina Islamic banking
• a good rating of the founders • hostile environment
• growing economy in Bosnia and • microcredit organisations as a
Herzegovina competitor
• stable banking system in Bosnia
and Herzegovina

Table 1.1 SWOT Matrix (Awareness about Islamic Banking in Bosnia and
Herzegovina)58

of waqf integration in development and called for the establishment of a waqf

bank.59

Conclusions and Recommendations

This paper discussed the 20th century fortunes waqf and the prospects for a 21st
century revival. Over the coming years, 19,236 waqf properties 39,481,894
m² in land size and the emergence of Islamic Economics with Bosnia Bank
International may have an integrative future in Bosnia and Herzegovina. The
WD-ICBIH aims again to make waqf the socio-economic basis of Islamic life.
Gradual waqf integration into Bosnia and Herzegovina development addresses
some challenges and shares the story of Bosnia and Herzegovina waqf with other
Muslim and non-Muslim countries.
We end this paper with several actionable policy recommendations. The Waqf
authorities should:
• Engage with others internationally via seminars, conferences, publications,
inter-institutional exchange of employees and students.
• Promote the idea of waqf diversified usage such as waqf-financed education
(like Turkish waqf-financed universities).

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• Establish strong networking with alumni of all Bosnia and Herzegovina

Islamic educational institutions as an avenue of cash waqf mobilisation,
exchange of experience and communication in general.
• Develop an integrated IT waqf system.
• Have an industry approach, like that of Western institutions part funded by
endowments e.g. Oxford, Harvard.
• Raise social awareness via research projects on waqfs.
• Most importantly, re-evaluate the use of current resources to maximise
socio-economic benefits through more frequent consultation with
experts of diversified educational backgrounds for eventual greater waqf
development.

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WAQF IN BOSNIA AND HERZEGOVINA IN 20TH AND 21ST CENTURY 359

Appendix A
Waqf Properties in Bosnia and Herzegovina Based on Type, Waqf Directorate,
2015

No Category Details (Type) Units

1 Lands, Valleys, Construction Lands (Građevinsko Zemljište) 9500
Orchards Valley from 1st to 6th Class (Livada od I do VI
klase) Non-Fertile Lands (Neplodno zemljište)
Fields (Njiva), Fields from 1st to 8th Class (Njiva
od I do VIII klase) Arable Land (Oranica), Arale
Land from 1st to 8th Class (Oranica od I do VIII
klase) Other non-Fertile Land (Class Ostalo
neplodno zmeljište) Pašnjak od I do VI klase
(Pastures from 1st to 6th Class) Plum Orchard
(Šljivik) Forests from 1st to 8th Class (Šuma od
I do VIII klase) Wineyards (Vinograd) Orchards
(Voćnjak) Orchards from 1st to 6th Class (Voćnjak
od I do VI klase) Garden 1st and 2nd Class (Vrt I I
II klasa) Land with Business Building (Zemljište
uz privrednu zgradu) Land with non-Business
Building (Zemljište uz vanprivrednu zgradu)
Land with Building (Zemljište uz zgradu) Land
with Building for Physical Culture (Zemljište uz
zgradu fizičke kulture) Land with Building of
Islamic Community (Zemljište uz zgradu vjerske
zajednice)

2 Religious Mosques (Džamija), Worship Houses 4653

Objects (Bogomolja) Charnel Ghusl Room (Gasulhana)
Turbah (Turbe) Graveyards (Groblje) Maktab
Remnants (Ruševine mejtefa)

3 Parks, Streets, Walls (Zidine) Parks (Perivoj) Pasars (Pijaca) 1928

Gardens and Streets (Ulica), Gardens (Bašča) Hill (Brdo) ??
other Habitats (Do) Gardens (Dvorište) Economic Gardens
(Ekonomsko dvorište) Ravines (Jaruga) Hiatus
(Jaz) Canals (Kanali) Local Pathways (Lokalni
put) Storrage Area (Magazište) Maydan Stones

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(Majdan kamen) Maydan Sand (Majdan pijeska)

Swamps (Močvara) Enbankment (Nasip) Non-
Classified Pathway (Nekategorisani put) Parks
(Parkovi) Brook (Potok) Approach Roads
(Prilazni put) Access Road (Pristupni put) Road
(Put) Road without signs (Put bez oznake) Rivers
(Rijeka) Trench (Rov) Underbrush (Šikara)
4 Houses and Flats (Two-Room Flat) Dvosoban stan, Economic 1610
Court (Ekonomski dvor) Public Dwellhouses
(Javne zgrade) Commesariat (Karaula) Houses
(Kuća) Houses and Gardens (Kuća i dvorište)
Houses and complementary Buildings (Kuća i
zgrada) Houses and Land (Kuća i zemljište) Flats
Building (Stambena zgrada) Flats (Stanovi) Three
Room Flat (Trosoban stan), Buildings-Zgrada
Building and Housing Area (Zgrada i kućište),
Housing (Kućište) Buildings and Gardens
(Zgrade i dvorišta)

5 Business Objects Complementary Business Buildings (Pomoćna 892

and Offices zgrada u privredi) Buisness Building (Poslovna
zgrada) Eco-Industry Business Building
(Poslovna zgrada u privredi) Non Eco-Industry
Business Building (Poslovna zgrada u van
privredi) Business Areas (Poslovni prostor)
Post Office (Pošta), Industry Related Buildings
(Privredna zgrada) Business-Flats Buildings
(Stambeno poslovna zgrada) Electricity
Station (Trafostanica) Waterpower Complex
(Vodoprivredni objekat) Buildings of the Islamic
Community (Zgrada vjerske zajednice) Garden of
Business-Dwelling House (Dvorište stambeno-
poslovne zgrade) Factory Area (Fabrički krug)
Construction Areas (Gradilište) Stone-breaking
Area (Kamenolom) Stone-Breaker (Kamenjar)
Stone-breaking area (Krš, kamenjar) Sand
Factory (Pjeskara) Open Pit (Površinski kop)
Market Area (Sajmište)

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WAQF IN BOSNIA AND HERZEGOVINA IN 20TH AND 21ST CENTURY 361

6 Shops, and (Shops) Dućan, Garages (Garaža) Studio 599

Stores (Garsonjera) Storerooms (Magaza),
Complementary Room (Pomoćna prostorija)
Complementary Buildings (Pomoćna zgrada)
Complementary Complex (Pomoćni objekat)
Cattle House (Štala) Parking (Parking)

7 Utilities Wells (Čatrnja), (Water Taps) Česma, Fountains 28

(Fontana) Bathrooms (Kupatilo) Mill with
mill mashine (Mlinište sa mlinom) Other
complementary buildings (Ostale pomoćne
zgrade) Monument (Spomenik) Concrete
Foundations (Temelj) Toilet (Toalet) Water Mill
(Vodenica) Watersupply Reservoir (Vodovod
(rezervoar) Water Trough (Pojilo)
8 Educational Madrasah at Mosque (Medresa uz džamiju), 26
Objects Maktabs (Mektebi) Schools (Škola)

TOTAL UNITS (UKUPNO) 19236

1560 Entered Waqf Units into the Data Base (Information System) of Waqf Directorate
(1560 Unešenih u Informacioni Sistem Vakufske Direkcije)
Source: Waqf Directorate of Islamic Community of Bosnia and Herzegovina
(ICBIH), 8th August 2015
Appendix B
Highlights of Waqf Land Registered in the Data Base of Waqf Directorate as of
2015 (Zbirni Prikaz Vakufske Imovine u Bosnia and Herzegovina Unesene u
Informacioni Sistem Vakufske Direkcije u 2015 Godini)
Type of Waqf Land Land size in m²
Land in Use (IMOVINA U UPOTREBI) 39,146,187 m²
Nationalized Waqf (NACIONALIZOVANA) 326,252 m²
Transformed Waqf (TRANSFORMISANA) 882 m²
Muqata Waqf (MUKATA) 4,379 m²
Destroyed Waqf (UNIŠTENA) 3.738 m²
Erased Waqf (BRISANO) 456 m²

Total (Ukupno) 39,481,894 m²

Source: Waqf Directorate of Islamic Community of Bosnia and Herzegovina

(ICBIH), 8th August 2015

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Notes
* Jasmin Omercic PhD Candidate in Economics (Islamic Economics, Banking
and Finance),Kulliyyah of Economics and Management Sciences (KENMS),
International Islamic University Malaysia (IIUM).

1. The term Osmanli is preferred over Ottoman due to the fact that the Caliphate
was named in honour of ‘Osman’. This is a correction of the terminology used
in research on the Osmanli Caliphate. Unfortunatelly, even native Turks still use
the name Ottoman due to the widespread usage of the word by Western scholars.
However, authentic scholars of Osmanli history and history in general attempt to
correct this misuse of terms.
2. Timur Kuran, ‘The Provision of Public Goods under Islamic Law: Origins,
Impact, and Limitations of the Waqf System,’ Law and Society Review 35, no. 4
(2001): 841-98; Mohammed Boudjellal, ‘The Need for a New Approach to the
Role in Socio-economic Development of Waqf in the 21st Century,’ Review of
Islamic Economics 12, no. 2 (2008): 125-36.
3. Syed Muhammad Naquib Al–Attas, Prolegomena to the Metaphysics of Islam
(Kuala Lumpur: Penerbit UTM Press, 2014), 1-25.
4. Murat Çizakça, A History of Philanthropic Foundations: The Islamic World from
the Seventh Century to the Present (Istanbul: Boğaziçi University Press, 2000),
1-100; Mohamed Aslam Mohamed Haneef, ‘Islam, the Islamic Worldview and
Islamic Economics,’ IIUM Journal of Economics and Management 5, no. 1
(1997): 39-66; Muhammad Arif, ‘Toward a Definition of Islamic Economics:
Some Scientific Considerations,’ Journal of Research in Islamic Economics 2,
no. 2 (1985): 79-93.
5. Kinross Lord, The Ottoman Centuries: The Rise and Fall of the Turkish Empire
(New York: William Merrow, 2002), 250-380.
6. Fikret Karčić, The Bosniaks and the Challenges of Modernity: Late Ottoman and
Hapsburg Times (Sarejevo: El-Kalem. 1999), 10-45; Dzevada Šuško, ‘Percepcija
Bošnjaka na Zapadu (Perceptions about Bosniaks in the West),’ Internacionalni
univerzitet Sarajevo (International University Sarajevo). Available at: http://cns.
ba/cns-izdanja/percepcija-bosnjaka-na-zapadu-dzevada-susko/. (Accessed on:
15 June 2017); Noel Malcolm, Bosna: Kratka Povijest Bosnia: A Short History
(Novi Sad: Buducnost, 2011), 150-300.
7. ‘Bosnia and Herzegovina’ has been the name of the country since 1878. During
the Osmanli Caliphate, it was Bosnia only.
8. Fikret Karčić, Studije o Serijatskom Pravu i Institucijama (Studies of Shariʿah
Law and Institutions) (Sarajevo: El-Kalem & Center of Advanced Studies
(CNS), 2011), 1-150; Cajlakovic Muhamed, ‘Nastanak i Razvoj Institucije
Vakufas Posebnim Osvrtom na Vakuf u BiH (Creation and Development of Waqf
Institution with Special Reference on Waqf in BiH),’ Glasnik Rijaseta (Herald
Riyaset), no. 3-4 (2009): 240-56.
9. Enis Durmišević, ‘Vakufi u Različitim Političkim Sistemima-Odnos Vlasti
Prema Vakufima, Posebno Nakon Agresije na BIH (Waqf in Different Political
Systems – Government Stance Towards Waqf Especially After Aggression on
BiH),’ Novi Muallim (New Muallim) 12, no. 47 (2011): 15-24.

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WAQF IN BOSNIA AND HERZEGOVINA IN 20TH AND 21ST CENTURY 363

10. Ibid., 15-24.

11. Karčić, The Bosniaks and the Challenges of Modernity, 95-189; Robert Donia
J., and John VA Fine Jr., Bosnia and Hercegovina: A Tradition Betrayed (New
York: Columbia University Press, 1995), 15-130.
12. Fikret Karčić, Društveno-Pravni Aspekt Islamskog Reformizma: Pokret za
Reformu Serijatskog Prava i Njegov Odjek u Jugoslaviji u Prvoj Polovini
XX Vijeka (Socio-Legal Aspects of Islamic Reformism: Reform Movement of
Shariʿah Law and Its Echo in Yugoslavia in First Half of 20th Century) (Sarajevo:
DP >>DES<<, 1990), 80-260; Malcolm, Bosna (Bosnia), 140-280.
13. Cajlakovic, ‘Nastanak i razvoj institucije vakufa,’ 240-56; Durmišević, ‘Vakufi
u Različitim Političkim Sistemima,’ 15-24; Esad Hrvacic, ‘Pravno Utemeljenje
Vakufa u Bosni i Hercegovini (Legislation of Waqf in Bosnia and Herzegovina),’
Vakufska Direkcija (Waqf Directorate). Available at: http://vakuf.ba/aktuelnosti/
pravno-utemeljenje-vakufa-u-bosni-i-hercegovini/274. (Accessed on: 15 June
2017).
14. Durmišević, ‘Vakufi u Različitim Političkim Sistemima,’ 15-24.
15. Karčić, Studije o Serijatskom Pravu, 50-180; Mirsad Karic, ‘Political
Stability and Economic Performance in the Post-Dayton Bosnia, 1997-2006,’
Sosyal Siyaset Konferansları Dergisi, no. 60 (2011): 367-91; Amer Bukvic,
‘Evolution of Islamic banking in Southeast Europe: A Spark from Bosnia &
Herzegovina,’ Islamic Finance News. Available at: Http://Bbibanka.Com.Ba/
Web/Images/Bbimalezija.Pdf. (Accessed on: 15 June 2017); Emirates Review,
‘Islamic Finance in South East Europe,’ Emirates Review. Available at: http://
emiratesreview.ae/?p=1280#sthash.LbktPipH.dpbs. (Accessed on: 15 June
2017). Malcolm, Bosna (Bosnia), 180-250.
16. This statute was published in No.2 Official Gazette of Federal Republic of
Bosnia and Herzegovina on 9 January 1945.
17. Adnan Trakic, ‘The Legal and Administrative Analysis of Waqf in Bosnia and
Herzegovina,’ Islam and Civilisational Renewal 2, no. 3 (2012): 337-54.
18. Hrvacic, ‘Pravno Utemeljenje Vakufa u Bosni i Hercegovini.’; Nezim Halilovic,
‘Historijat Vakufa u BiH: Trenutno Stanje i Perspective (History Highlights
about Waqf in Bosnia and Herzegovina: Current Condition and Perspectives),’
Vakufska Direkcija (Waqf Directorate). Available at: http://vakuf.ba/aktuelnosti/
historijat-vakufa-u-bih-trenutno-stanje-i-perspektive/279. (Accessed on: 16
June 2017).
19. Rijaset Islamske Zajednice u Sociajalistickoj Federativnoj Republici Jugoslaviji
(SFRJ) (Rijaset of the Islamic Community in Socialist Federative Republic of
Yugoslavia), ‘Glasnik (Herald),’ Glasnik (The Herald) No. 2(1990): 2-20.
20. Cajlakovic, ‘Nastanak i Razvoj Institucije Vakufa,’ 240-56; Halilovic, ‘Historijat
Vakufa u BiH (History Highlights about Waqf in BIH).’; Hrvacic, ‘Pravno
Utemeljenje Vakufa u Bosni i Hercegovini.’; ICBIH-Waqf Directorate, Waqf
in Bosnia and Herzegovina, History, Current Status and Prospects (Sarajevo:
Bemust 2011), 1-24.
21. Law on Nationalisation of Private Economic Enterprises dated December 6,
1946, with amendments of December 12, 1948, for legal basis seizure of waqf
mills, hotels, spas and similar establishments, Law on Nationalisation of Leased
Buildings and Plots on December 28, 1958 Laws on Confiscation of Property and

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Methods of Confiscation (Official Gazette of Democratic Federal Yugoslavia)

No. 40/45 and 70/45, Laws on Handling of Confiscated Property, which allowed
confiscation from owners directly (Official Gazette of Democratic Federal
Yugoslavia) No. 36/45, Laws on Nationalisation of Private Limited Companies
(Official Gazette of Democratic Federal Yugoslavia) No. 98/46, 99/46, 35/48,
68/48, and 27/53 etc. Simple expropriation of private property, done overnight
without former information; Disposing of property such as apartments, businesses
under the Law on Dispose of Apartments and Business Premises on February 17,
1945; Trakic, ‘The Legal and Administrative Analysis,’ 337-54.
22. Rijaset Islamske Zajednice u Sociajalistickoj Federativnoj Republici Jugoslaviji
(SFRJ) (Rijaset of the Islamic Community in Socialist Federative Republic
of Yugoslavia), ‘Glasnik (Herald),’ Glasnik (The Herald) No.2 (1990): 2-20;
Rijaset Islamske Zajednice u SFRJ, ‘Glasnik (The Herald),’ 5-30; Trakic, ‘The
Legal and Administrative Analysis,’ 337-54.
23. Malcolm, ‘Bosna (Bosnia),’ 190-220; Donia and Fine, ‘A Tradition Betrayed,’
86-170.
24. Halilovic, ‘Historijat Vakufa u BiH (History Highlights about Waqf in BIH).’;
ICBIH-Waqf Directorate, ‘Waqf in Bosnia and Herzegovina.’
25. Rijaset Islamske Zajednice u SFRJ, ‘Glasnik (The Herald),’ 10-25; Zajimović,
Senajid, ‘Petnaest Godina Rada Vakufske Direkcije-Stanje i Perspektive s
Posebnim Osvrtom na Probleme s Kojima se Susreće VD (Fifteen Years of Waqf
Directorate-With Special Reference to the Problems Facing the Waqf Directorate
-WD),’ Novi Muallim (New Muallim) 12, no. 47: 4-11; Halilovic, ‘Historijat
vakufa u BiH (History Highlights about Waqf in BIH).’; Preporod (Rebirth),
‘Treba Aktivirati Licnu i Drustvenu Svijest of Vaznosti Vakufa (A Needed
to Raise Individual and Social Awareness about the Importance of Waqf),’
Newspaper ‘Preporod’, Issue June 2013 at section ‘Razgovori’(Discussions).
Available at: http://www.rijaset.ba/index.php?option=com_content&view=arti
cle&id=16739:intervju-treba-reaktivirati-licnu-i-drustvenu-svijest-o-vaznosti-
vakufa&catid=205&Itemid=457. (Accessed on: 16 June 2017); Senajid
Zajimovic, ‘Vakuf i Danas Predstavljaju Jak Ekonomski Potencijal (Waqf Even
Today Represent a Strong Economic Potential),’ Dnevni Avaz (Avaz Daily), 13
June, 2013.
26. Trakic, ‘The Legal and Administrative Analysis,’ 337-54.
27. Ibid., 337-54; Zajimović, Petnaest Godina Rada Vakufske Direkcije (Fifteen Years
of Waqf Directorate),’ 4-11; Preporod (Rebirth) (2013). Treba Aktivirati Licnu i
Drustvenu Svijest (A Needed to Raise Individual and Social Awareness.’; Senajid
Zajimovic, ‘Vakuf i Danas Predstavljaju Jak Ekonomski Potencijal.’;Vakuf.ba
1st, ‘Vakufi su Primjer Kako se Krse Prava Bosnjaka i IZ (Waqf are Indicating
How Rights of Bosniaks and Islamic Community are Disrespected),’ Dnevni
Avaz (Avaz Daily). Available at: http://vakuf.ba/aktuelnosti/senaid-zajimovic-
vakufi-su-primjer-kako-se-krse-prava-bosnjaka-i-iz/199. (Accessed on: 16 June
2017).
28. Trakic, ‘The Legal and Administrative Analysis,’ 337-54.
29. The Constitutional Court is the main judiciary body while the Council of the
ICBIH (Sabor or the ICBIH’s assembly) is the main legislative body of ICBIH.
Major educational institutions of the ICBIH are listed in the table below. In

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WAQF IN BOSNIA AND HERZEGOVINA IN 20TH AND 21ST CENTURY 365

general, the institutions date from the early 15th century to the 20th century. Each
institution has a programme. Other centres and institutions of the ICBIH are
also listed in the table below. Those date from the early 16th century to the 21st
century. Each has a certain autonomy and reports to the ICBIH authorities. Some
known publications of the ICBIH are mentioned in the table as well. All started
publication in the 20th century. There are other smaller publications by listed
educational institutions and other centres of the ICBIH. The local, cantonal and
municipality structure of the ICBIH has 8 muftiluks (or mufti districts) in Bosnia.
Each muftiluk has several majlises, a group of a number of jama‘ahs (each
having a mosque). Jama‘ah is the smallest body of ICBH present in almost every
village, and city in BIH. Some villages and cities have more than one jama’ah.
30. Reisu-l-uʿlema is the highest Bosnian Muslim religious authority and spiritual
leader.
31. The local cantonal, municipality and international structure of the ICBH
constitutes 8 muftiluks in Bosnia and one in Slovenia, Croatia, Sandžak (Serbia),
Germany and other Bosniak Islamic Communities in the world.
32. Ahmet Alibasic, ‘The Profile of Bosnian Islam and What West European Muslims
Could Benefit From It,’ Akademie der Diozese. Available at: https://www.google.
com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved
=0ahUKEwjBi7DwxYLKAhWBGY4KHadcAT8QFggcMAA&url=http%3A
%2F%2Fwww.akademie-rs.de%2Ffileadmin%2Fuser_upload%2Fdownload_
archive%2Finterreligioeser-dialog%2F071116_albasic_bosnianislam.pdf&usg=
AFQjCNFWUOScGdJlmbotmOTKnQpqyWqnkQ&bvm=bv.110151844,d.c2E
(Accessed on: 16 June 2017).
33. Alibasic, ‘The Profile of Bosnian Islam,’ 123.
34. Ibid.
35. Halilovic, ‘Historijat vakufa u BiH (History Highlights about Waqf in BIH).’
36. Trakic, ‘The Legal and Administrative Analysis,’ 337-54.
37. For more details on each category of components, please refer to Appendix A.
38. For more details about types of waqf land, please refer to Appendix B.
39. ICBIH-Waqf Directorate, ‘Waqf in Bosnia and Herzegovina.’ Zajimović,
Petnaest Godina Rada Vakufske Direkcije (Fifteen Years of Waqf Directorate),’
4-11.
40. Alparslan Açıkgenç, Islamic Science: Towards a Definition (Kuala Lumpur:
International Institute of Islamic Thoughts and Civilization [ISTAC], 1996),
1-45. Furqani, Hafas, Mohamed Aslam, Mohamed Haneef, ‘Theory Appraisal in
Islamic Economic Methodology: Purposes and Criteria,’ Humanomics 29, no.3
(2013): 187-201.
41. Xavier Bougarel, ‘Bosnian Islam as European Islam: Limits and Shifts of a
Concept,’ Islam in Europe: Diversity, Identity and Influence (2007): 96-123.
Karic, ‘Political Stability and Economic Performance,’ 367-91.
42. Vakuf.ba, ‘Restitucija (Restitution),’ Vakufska Direkcija (Waqf Directorate).
Available at: http://vakuf.ba/aktivnost/restitucija. (Accessed on: 17 June
2017); Fikret Karčić, ‘Disolucija SFRJ i Njene Posljedice za Islamsku
Zajednicu (Disolution of SFRJ –Socialist Federative Republic Jugoslavia, and
Its Consequences for Islamic Community),’ WordPress. Available at: http://
fikretkarcic.wordpress.com/2009/07/22/disolucija-sfrj-i-njene-posljedice-za-

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366 JASMIN OMERCIC

islamsku-zajednicu/ (Accessed on: 17 June 2017).

43. Zajimović, Petnaest Godina Rada Vakufske Direkcije (Fifteen Years of Waqf
Directorate),’ 4-11; Vakuf.ba 1st, ‘Vakufi su Primjer (Waqf are Indicating).’;
Vakuf.ba 2nd , ‘Vakuf Trenutno Raspolaze Samo sa 5% od Ukupne Imovine
(Waqf Currently Pperates with Only 5% of all Waqf Properties),’ Magazine Saff.
Available at: http://vakuf.ba/aktuelnosti/zajimovic-vakuf-trenutno-raspolaze-
samo-sa-5-od-ukupne-imovine-/200. (Accessed on: 17 June 2017).
44. Halilovic, ‘Historijat vakufa u BiH (History Highlights about Waqf in BIH).’
45. Monzer Kahf, ‘Financing the Development of Awqaf Property,’ American
Journal of Islamic Social Sciences 16, no.4 (1999): 39-68; Zajimović, Petnaest
Godina Rada Vakufske Direkcije (Fifteen Years of Waqf Directorate),’ 4-11.
46. Çizakça, A History of Philanthropic Foundations, 1-155.
47. UNSA, ‘Centre for Islamic Economics, Banking and Finance at School of
Economics and Business,’ University of Sarajevo. Available at: http://www.efsa.
unsa.ba/ciebf/. (Accessed on: 18 June 2017).
48. UNSA, 'Third International Two day Sarajevo Islamic Finance and Economics
Conference 2014 (SIFEC) at Gazi Husrev Bey's Library,’ University of Sarajevo.
Available at: http://www.efsa.unsa.ba/ciebf/ba/sifec-conference. (Accessed on:
18 June 2017).
49. Açıkgenç, Islamic Science, 20-75; Al–Attas, Prolegomena to the Metaphysics
of Islam, 1-64.
50. Haneef, ‘Islamic Worldview and Islamic Economics,’: 39-66.
51. Murat Çizakça, ‘Awqaf in History and Its Implications for Modern Islamic
Economies,’ Islamic Economic Studies 6, no.1 (1998), 43-70; Zajimović, Petnaest
Godina Rada Vakufske Direkcije (Fifteen Years of Waqf Directorate),’ 4-11;
Zajimovic, ‘Vakuf i Danas Predstavljaju (Waqf Even Today Represent).’; Abbasi,
Sami M., Kenneth W. Hollman, and Joe H. Murrey Jr., ‘Islamic Economics:
Foundations and Practices,’ International Journal of Social Economics 16, no.5
(1989): 5-17.
52. Furqani and Haneef, ‘Theory Appraisal in Islamic Economic Methodology,’
187-201.
53. ISRA (International Shari'ah Research Academy), Islamic Financial System:
Principles and Operations (Kuala Lumpur: ISRA, 2011); Furqani and Haneef,
‘Theory Appraisal in Islamic Economic Methodology,’ 187-201.
54. Zajimović, Petnaest Godina Rada Vakufske Direkcije (Fifteen Years of Waqf
Directorate),’ 4-11. Vakuf. Ba, ‘Ucinit Cemo sve da Vakufi Ponovo budu
Ekonomska Baza za Rad Islamske Zajednice” (We Will Do Everything that
Waqf Again Becomes the Economic Base of the Islamic Community). Preporod
(Rebirth) 9th May 2011. Available at: http://vakuf.ba/aktuelnosti/ucinicemo-sve-
da-vakufi-ponovo-budu-ekonomska-baza-za-rad-iz/228. (Accessed on: 18 June
2017).
55. Malcolm, Bosna (Bosnia), 10-260.
56. Alibasic, ‘The Profile of Bosnian Islam.’; Šuško, 'Percepcija Bošnjaka na Zapadu
(Perceptions about Bosniaks in the West).'; Mustafa Ceric, ‘The Challenge of a
Single Muslim Authority in Europe,’ European View 6, no. 1 (2007): 41-8.
57. Ali Göksu, and Armin Becic, ‘Awareness of Islamic Banking in Bosnia and
Herzegovina,’ International Research Journal of Finance and Economics 100

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WAQF IN BOSNIA AND HERZEGOVINA IN 20TH AND 21ST CENTURY 367

(2012): 26-39.
58. Ibid, 26-39.
59. Halilovic, ‘Historijat vakufa u BiH (History Highlights about Waqf in BIH).’;
Zajimović, Petnaest Godina Rada Vakufske Direkcije (Fifteen Years of Waqf
Directorate),’ 4-11; Edib Smolo, ‘An Overview of Microfinance Sector in
Bosnia and Herzegovina: Is There a Room for Islamic Microfinance?,’ Journal
of Islamic Economics, Banking and Finance. Available at: http://ibtra.com/pdf/
journal/v7_n2_article5.pdf. (Accessed on: 16 June 2017).

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