The legal position of waqf in Bosnia And Herzegovina: past, present and future possibilities

Abstract

This article aims to provide an overview of the historical origins of waqf in Sharia law and the development of waqf in Bosnia and Herzegovina, along with an overview of its legal position through different periods. It points to the problems that the waqf has faced in the past, but also to the problems it faces today, such as the failure to pass a law on restitution that would enable the return of property confiscated in the previous periods. This article also points to the significant role the waqf has played throughout the history of Bosnia and Herzegovina, especially in the development of urban areas. Waqf, as a legal concept based on Sharia law, has its own distinct characteristics, however, it shares many similarities with other legal concepts such as foundations and trusts. A positive attitude towards waqf can release its potential in the future as well. If approached with a positive and proactive attitude and if properly codified, waqf could also gain new life in the context of European integrations of Bosnia and Herzegovina. Through one of the basic legal principles in European Union law, the principle of mutual recognition, a potentially codified waqf could gain recognition within the legal space of the European Union law and represent a contribution that Bosnia and Herzegovina could make to the common legal culture of the European Union.