Professional Documents
Culture Documents
brill.com/jome
Dunja Larise
Institute for Advanced Studies of the ceu, Budapest, Hungary
dunja.larise@eui.eu
Abstract
Between 1880 and 1912 Austrian Empire issued several legal Acts regarding the terms
by which the Muslims of the newly adjunct territories in Bosnia and Herzegovina were
to settle their religious and community-related affairs within the framework of the
Austro-Hungarian Empire. These Acts laid fundaments for the establishment of the
first autonomous Islamic religious institutions in the Austrian Empire. The present
article argues that institutions established during that time remained the most con-
spicuous legacy of the Austrian juristic regulation of Islamic affairs, not only in Bosnia
and Herzegovina but in all successor states of the former Yugoslavia as well as in pres-
ent time Austria itself.
Keywords
West Balkans – Islam in West Balkans – Islamic communities – Islam Act – Islam in
Bosnia and Herzegovina – Islam in Jugoslavia
1 Introduction
August 12. 2012. marked the hundredth anniversary of the enactment of the
Islam Act (Islamgesetz) in the Austro-Hungarian Empire. This act, a form of
legal reaction to the annexation of Bosnia and Herzegovina (hereafter B&H) in
1908, sought to regulate the terms by which the Muslims of the newly adjunct
Bosnian territories would settle their religious and community-related affairs
within the framework of the Austro-Hungarian Empire.
That legal act instituted an equal status of Islam of the Hanafi Islamic law
school with other legally recognized religions within the Empire. It also es-
tablished an official Islamic Community in B&H endowed with explicit legal
status and hierarchically organized structure. This formal organizational struc-
ture of the Islamic religious community was a novelty, hitherto unknown to
the Muslims in B&H.
Within the Ottoman Empire, Islam was the official religion, and hence there
was no need for a specific Islamic religious community to exist in Bosnia or any
other part of the Empire. The norms regarding religion, as well as the regula-
tion of religious practices, were issued in Istanbul under the auspices of the
highest religious cum secular authority, the Sultan of the Ottoman Empire and
the Caliph of the Sunni Islamic Caliphate, which in the Ottoman time were
titles invested in one single person.
The second most important religious authority after Caliph and the person
endowed with de facto power over Islamic religious issues within the Ottoman
Empire was the Mufti of Istanbul, holding the title of Shaykh al-Islām1, also
called Mešihat in Bosnia. The Mufti was Caliph’s representative in questions of
Islamic law—the Sharia.
The Islam Act of 1912 was just but a final step in the institutionalization of
Islam in B&H and accordingly in the Austrian Empire. The first steps in that
direction were undertaken already in 1880, two years after the Austrian oc-
cupation of B&H. Two central institutions of Islamic religious organization,
which were to become crucial for the development of all Islamic communi-
ties in Yugoslavia and its successor states after 1990, were already established
between 1880 and 1882. These institutions were: Riaset—the Supreme Council
of the Islamic Community in B&H and accordingly in the Austrian empire and
Reis-ul-Ulema, the head of the Assembly.
The present article argues that these two institutions remained the most
conspicuous legacy of the Austrian juristic regulation of Islam and the Islamic
community, not only in B&H but in all successor states of the former Yugoslavia
and to a great extent even in contemporary Austria.
As we shall see, most of the present controversies and debates over the le-
gitimacy of all official Islamic Communities in the region, still revolve around
these two institutions, whose fundaments were laid in the course of the three
decades from 1880 until 1912, during which time several Austrian legal decrees
and decisions concerning the Islamic community in B&H were issued.
The article focuses on the evolution of Islamic communities in all heir states
of ex-Yugoslavia and not only in these states which adhered to the former
Two years after the Congress of Berlin transferred the administration of B&H
to the Austrian Empire, its authorities appointed the supreme Sharia judge of
Sarajevo, Mufti Omerović, as the head of the newly established Islamic com-
munity in Bosnia. This political move reveals one crucial issue for the Austrian
Empire: the necessity of the regulation of Islamic affairs in the newly acquired
B&H and subsequently, the desire to establish an official Islamic community
in the Austrian Empire. The legal constitution of institutional Islam in the
Austrian Empire marked the end of the centuries-long tradition of Islamic
faith regulation cantered in Istanbul, which symbolically united all Islamic be-
lievers as the subjects of the Sultan cum Caliph of the Ottoman Empire.
The power tensions between Vienna and Istanbul became almost immedi-
ately discernible at the event of the appointment of the new Mufti of Bosnia
in 1880. The Shaykh al-Islām from Istanbul appointed a Turk for this position.
Austria rejected the candidate urging for a Bosnian Muslim instead. Finally,
Sublime Port appointed Mustafa Omerović as the Mufti of Bosnia. He was
promptly authorized by Austria, with the decree of October 17, 1882, licensing
him in the authority of Reis-ul-Ulema, an entirely new office established by
the Austrian Empire in order to serve as the head of the Islamic community
in B&H and accordingly in the Austro-Hungarian Empire (Schmid, 1914). The
Austrian policy in B&H tended from the very beginning to detach the Islamic
community affairs in B&H from the organizational authority of the Sublime
In 1878, shortly after the Congress of Berlin, the Kingdom of Serbia estab-
lished the institution of the Mufti of Serbia in Niš. He was to be appointed
by the Shaykh al-Islām in Istanbul and authorized by the Duke of Serbia. In
1913 the first Grand Mufti of Serbia was ordained, and his seat established in
Belgrade.
The first Mufti of Montenegro, Salih ef. Huli from Ulcinj was appointed in
1878 by the decree of the Montenegrin king Nikola Petrović and authorized by
the Shaykh al-Islām of Istanbul.
Montenegro regulated Islamic affairs with paragraph 3. of article 129. of the
Constitution of Montenegro from 1905, which made the Mufti of Podgorica
the supreme authority of Muslims in Montenegro and a permanent member
of Montenegrin parliament. In 1918 the Montenegrin dynasty of Petrović was
overthrown, and Montenegro adjoined to Serbia under the Serbian crown of
Karađorđević (Rastoder, 2003).
In this vein, as the new Kingdom of scs was established in 1919, it inherited
two big centers of Islamic administration: one in Sarajevo with the office of
Reis-ul-Ulema and the other one in Belgrade with the office of the Grand Mufti.
In article 10. of the peace agreement with Austria from September 10, 19192,
the newly established Kingdom of scs was obliged to overtake responsibilities
for Muslim populations living in its newly acquired territories. These respon-
sibilities included three central issues: First, the family and personal status of
Muslims was to be defined according to Muslim traditions. Second, the gov-
ernment was obliged to protect the already existing Muslim religious objects
(mosques, mesdžids, etc.) and endowments and to assist in the foundation of
the new institutions of this kind. Finally, the government was required to ap-
point a new Reis-ul-Ulema for the entire country.
Under this agreement, which was incorporated in the constitution of the
new state (the so-called Vidovdan Constitution ) the pivotal institutions of the
Austrian regulation of Islamic affairs for B&H continued to build the frame-
work for the regulation of Islamic affairs within the new Kingdom of scs.
Additionally, the Vidovdan Constitution acknowledged the juristic authority
of Sharia courts over the Muslims living in the Kingdom, even though such
courts were non-existent outside of Bosnia and Sandžak.
The Vidovdan Constitution was drafted by a coalition of the Democratic
Party of Serbia, the party of prime minister Nikola Pašić, and the Serbian
Radical Party. However, it could not have reached the necessary majority
without the support of the Yugoslav Muslim Organization (ymo), which ob-
tained the majority vote in B&H. The ymo was founded by two men: Ibrahim
2 https://blog.nationalarchives.gov.uk/milestones-to-peace-the-treaty-of-st-germain-en-laye/.
Maglajlić, the Mufti of Tuzla, and Sarajevo-based lawyer Mehmed Spaho. Both
men conditioned their support to the Vidovdan Constitution by the provision
of article 135, which was to guarantee the future administrative borders of B&H
within the Kingdom of scs (Petranović, 1988).
Nikola Pasićs’s new government appointed Džemaludin Čaušević, acting
Reis-ul-Ulema of B&H since 1913 (still in the Austrian Empire), as the new
Reis-ul-Ulema for the entire country. His seat was to remain in Sarajevo. The
actual nonexistence of the Sharia courts outside of Bosnia and Sandžak struc-
turally limited his powers regarding the implementation of the Sharia over
Muslims in other regions of the Kingdom (notably Serbia, Montenegro, and
Macedonia)3. These other regions, but de facto also his own office, were under
the jurisdiction of the newly established Ministry of Religion, and accordingly
under the jurisdiction of the chief of the Islam office, Hasan Rebac.
Between 1929 and 1935, the situation worsened significantly for the Islamic
communities in the Kingdom. This period has become known as the “January 6.
dictatorship” during which the king Aleksandar Karađorđević abolished the
Vidovdan Constitution and introduced his own autocratic rule, thereby re-
naming the state the Kingdom of Yugoslavia (Clayer and German, 2008).
The “January 6. Dictatorship” introduced some changes in the regulation
of Muslim affairs. Religious affairs were set under the auspices of the Ministry
of Justice. The autonomy of the Muslim community in B&H over the regu-
lation of Islamic affairs was abolished, and the institution of Reis-ul-Ulema
was transferred to Belgrade. In 1930, Reis Čaušević requested retirement and
Ibrahim Maglajlić (one of the two key persons of ymo) was appointed as the
new Reis-ul-Ulema in Belgrade in the presence of the king Aleksandar and the
diplomatic assembly.
In 1935, new elections ended the “January 6 dictatorship”. Mehmed Spaho4,
the leader of the ymo, entered the government of Milan Stojadinović as the
Minister of Transport and Communications, thereby making a strong case for
the abrogation of all reforms enacted under the dictatorship. These concerned
the issues regarding the office of the Reis-ul-Ulema primarily. Under his pres-
sure, the institution of Reis-ul-Ulema was transferred back to Sarajevo, and
incumbent Reis Maglajlić, now Spaho’s political detractor, was sent into retire-
ment in 1936.
3 At the time, there were no significant Muslim populations in Croatia and Slovenia. These
populations were built in the course of the internal migrations within the sfry after 1945.
4 In the meantime, the alliance between him and Reis Maglajlić broke down, and they became
political detractors.
5 “What would a historian advise (if asked) to do with the titles of Muslim religious lead-
ers in the former Yugoslavia? The advice would be to return to the time before Yugoslav
unification and for the iz to affirm its autochthonous institutions in each independent
state. This would mean a return to the titles of mufti, supreme mufti and reis-l-ulema,
depending on which territory is in question and which pre-Yugoslav period. Different
titles would reflect different paths of historical development, significance and tradition.
Thus, there was an inflation of the use of the highest titles and a loss of their real signifi-
cance.”: Fikret, Karčić, „Tituliranje vjerskih autoriteta: Nehistorijske titulacije“, Preporod,
(3. October 2016). (Translated from Bosnian by the author)
6 The first Bosniak General Assembly (Bošnjački sabor), held on September 27, 1993. as well
as the second Renewal Meeting (Obnoviteljski sabor) of the Islamic Community in Bosnia
held in 1997 at the initiative of Mustafa Cerić, made decisions of historical significance. The
two Assemblies decided that the official name of the Muslims as a national category is to be
substituted with the name “Bosniak, which is not to be confounded with “Bosnian”—the des-
ignation of territorial belonging; regardless of nation or ethnicity. According to the Yugoslav
constitution of 1971, Muslim written with majuscule “M” indicated one among the official na-
tions of Yugoslavia. In contrast, “muslim” written in minuscule “m” indicated only belonging
to Islamic religion regardless of the national background.
Novi Pazar. It unilaterally dismissed Muamer Zukorlić from the position of the
Mufti of Novi Pazar, which Zukorlić expectedly refuted as illegitimate.
The story gains an additional complexity through the Islamic organizations
from southern Serbia. Already in 1971, the Muslims of the southern Serbian
municipalities of Bujanovac, Preševo, and Medveđa, which were predomi-
nantly ethnic Albanian and Roma, organized their own autonomous Islamic
Committee under the name Committee of the Islamic community of Kosovo
for Preševo, Bujanovac and Medveđa (Odbor Islamiske zajednice Kosova za
Preševo, Bujanovac i Medveđu). This community is currently under the leader-
ship of Mumin Tahiri.
In 2003, however, another autonomous Islamic community of Preševo,
Bujanovac and Medveđa (Islamska zajednica Preševa, Bujanovca i Medveđe)
was founded with Džemaludin Hasani at its head. As the reason for the foun-
dation of an autonomous Islamic Community in the region, he stated that “the
communist times have long passed in which the Islamic Community form
Sarajevo controlled everything” (Potežica, 2011).
Expectedly, the first Community operates under the auspices of the Islamic
community in Serbia with the seat in Novi Pazar and the later under the aus-
pices of the Islamic community of Serbia with the seat in Belgrade.
The concurring Islamic communities in Serbia seem to have divided their
area of influence according to the territorial principle, but this impression may
deceive. The loyalties and alliances to each of them do not show a territorial
or even predominantly ethnic pattern. For example, the Islamic community
in Serbia from Novi Pazar has a considerable number of critics from the ranks
of civil society and political adversaries in Sandžak itself, such as the Bosniak
National Assembly of Sanžak (Bošnjačko nacionalno vijeće Sandžaka).
The dispute has been additionally sharpened as the former Reis-ul-Ulema
in Bosnia and Hercegovina Mustafa Cerić administered a Fatwa against
Reis-ul-Ulema of the Islamic community of Serbia Adem Zilkić in 2012 declar-
ing the Islamic community lead by the later a Masjid al-Dirar—the Mosque of
Dissent.11 The name refers to a story mentioned in Kuran about the Mosque in
Medina that was burned to the ground on prophet Muhameds orders for not
complying with his decrees.
The same year Husein Kavazović, Mufti of Tuzla succeeded Mustafa Cerić
on the head of the Islamic community in Bosnia and Herzegovina; neverthe-
less, deep divisions between the two organizations remain a political reality,
11 https://sandzakpress.net/reis-ceric-izdao-fetvu-protiv-slijedenja-adema-zilkica/ and
https://www.slobodnaevropa.org/a/reakcije-fetva-jedan-u-nizu-nepromisljenih-poteza
-cerica/24771099.html.
as does the fact that Muslims in Serbia seems to prefer organizing in different,
instead of just one Islamic community.
12 http://www.islamska-skupnost.si.
13 »Slovenska muslimanska skupnost« se zavzema za to, da muslimani Slovenije sodelujejo
v izbiri muftija v Sloveniji. Da sami odločamo, kdo nas bo vodil in ne da o nas odločajo
v drugi državi (kot da smo slaboumni otroci). Muslimani Slovenije trenutno nimajo
muftija, ki so ga oni izbrali. Nihče jih ni vprašal, nihče jim ni dal možnost da odločajo.”
Source: http://www.smskupnost.si/index.php?option=com_content&task=view&id=
378&Itemid=25.
On their website, they offer a short overview of the history of the Muslim
Community in Slovenia, which according to this source, officially begins
with the Austrian occupation and subsequent annexation of B&H and con-
tinues with the economic migration of Muslims from Bosnia, and later from
Macedonia and Kosovo to Slovenia. The Muslims of Bosnian origin make up
an overwhelming share of the Muslim population in Slovenia, which seems to
have decisive leverage in the current controversies over authority and legiti-
macy within the Muslim communities in Slovenia.
17 For the statute of the Islamic Community in North Mazedonia see: http://licodu.cois
.it/?p=4363&lang=en.
18 Muslims of Macedonia (2000), Center for Documentation and Information on Minorities
in Europe—Southeast Europe (cedime-se), http://www.greekhelsinki.gr/english/
reports/CEDIME-Reports-Minorities-in-Macedonia.html.
The Bektashi order is settled within areas of Tetovo, Gostivar, Kičevo, Ohrid,
Struga, Bitola, and Resen. It comprises eight Bektashi tekke with the Baba in
Tetovo at its head (Barišić 2008).
Bektashi is a religious group whose contours are not firmly defined but rath-
er situated somewhere between a religious-confessional community and an
initiatory brotherhood. In the early 1970s Bektashi Brotherhood, along with
other Sufi Brotherhoods in Ex-Yugoslavia, managed to obtain a relative autono-
my from official Islamic Institutions in Yugoslavia. They were organized in two
Sufi organizations: zidra, which operated mainly in Kosovo and Macedonia
and Tarikatski Centar in B&H (Popović, 1986).
Following the example of the Albanian branch of the Brotherhood Bektashi
in North Macedonia also attempted to acquire the status of an independent
religious community. That angered the Islamic Community in Macedonia
since it undermined its claim to be a sole representative of all Muslims living
in North Macedonia. An additional issue was the struggle over the control of
the properties of the Bektashi Brotherhood in North Macedonia. The tensions
rose out of control in 2001 when the representatives of the Islamic Community
in Macedonia seized parts of the Bektashi Harbati Baba tekke in Tetovo with a
force of arms (Clayer, 2012).
Although the North Macedonian law favours more prominent religious
communities against the smaller ones, the struggle of the Bektashi community
for autonomy regarding the Islamic Community in Macedonia persists. The
Bektashi religious community and its supporters filed a complaint before the
European Court of Human Rights in Strasbourg, accusing the state authori-
ties of North Macedonia of deliberate obstruction of their registration as an
autonomous religious community (Georgievski, 2013).
The Islamic Community in Montenegro, with its seat in Podgorica, was es-
tablished in 1994. It comprises thirteen local Islamic communities in Podgorica,
Ulcinj, Bar, Plav, Ostroš, Dinoš, Tuza, Rožaje, Berane, Petnjica, Bijelo Polje,
Pljevlja, and Gusinje.
At its head is Rifat Fejzić, the Reis of Montenegro19, whose seat is in Podgorica.
According to the census of 2011, 118477 citizens of Monte Negro declared their
adherence to Islamic religion (out of a total of 631219).20 In the case of Monte
Negro, it could, however, be misleading to refer to all Montenegrin citizens
adhering to the Islamic religion as to “Muslims.” This conceptual confusion
19 For a historical analysis of the religious titles in the Islamic Communities in the succes-
sor states of the former Yugoslavia see: Karčić, 2016. I refered to that analysis in the first
chapter of this article.
20 Zavod za statistiku Republike Crne Gore (http://www.monstat.org/).
between “Muslim” written with a majuscule in the original language and which
designates a nation, versus “muslim” written with minuscule in the original
language, which designates the adherent of Islamic religion has to do with the
history of nation-building processes in former Yugoslavia.21 The census of 2011
offered various ethnic and national categories. The adherents of Islamic reli-
gion were predominantly distributed among following major national catego-
ries: Albanians (22267), Bosniaks (53453), Montenegrins (12758), Muslims (a
designation of nationality 20270) and Egyptians (2003).22
The Islamic Community in Montenegro operates a Medresa (Islamic school)
in Milješ, in the vicinity of Podgorica.
The Mešihat of the Islamic community in Montenegro issues a monthly
journal, Elif, in the Montenegrin and Albanese languages.
In their own words, “The Islamic Community in Montenegro is a unifying
Islamic Community consisting of all Muslim believers in Montenegro as well
as of all its Muslim citizens living abroad.”23
5 Conclusion
21 To the issues related to Muslim nation building in West Balkans see: Larise, Dunja, “The
Islamic Community in Bosnia and Herzegovina and nation building by Muslims/Bosniaks
in the Western Balkans”, Nationalities Papers: The Journal of Nationalism and Ethnicity,
43:2 (2015), pp. 195-212.
22 http://www.monstat.org (Tabela CG1: Stanovništvo prema starosti odnosno nacionalnoj i
vjerskoj pripadnosti).
23 “Islamska zajednica u Republici Crnoj Gori je jedinstvena vjerska zajednica koju
sačinjavaju svi pripadnici islama u Republici Crnoj Gori, kao i njeni građani islam-
ske vjere koji borave u inostranstvu (Art. 1. Constitution 1994)”. Source: http://www
.monteislam.com/islamska-zajednica-u-crnoj-gori [Accessed: April, 10. 2020.].
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