THE LEGAL POSITION OF WAQF IN BOSNIA ANDHERZEGOVINA: PAST, PRESENT AND FUTUREPOSSIBILITIES

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.