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CONSTITUTION
 

OF THE ISLAMIC COMMUNITY

IN BOSNIA AND HERCEGOVINA

Sarajevo 1418/1997.

 

The Council (Sabor) of the lslamic Community in Bosnia-Hercegovina at its session held on Rajab 25, 1418 AH, (November 26, 1997) in Sarajevo, proceeding on the bases of Qur'anic injunction: And hold fast all together by the rope which Allah (stretches out for you) and be not divided among yourselves. (Ali Imran, 103), and O ye who believe, persevere in patience and constancy: vie in such perseverance; strengthen each other, and fear Allah; that ye may prosper. (Ali Imran, 200), and of the Hadith of the Prophet (peace be upon him): "I have left you with two things with which, if you keep to them, you will not go astray: Allah's Book and my Sunnah", has adopted the:

 

 

CONSTITUTION

OF THE ISLAMIC COMMUNITY

IN BOSNIA AND HERCEGOVINA

 

I.       CHARACTER AND PRINCIPLES OF

 

THE ISLAMIC COMMUNITY

 

 

Article I

 

The Islamic Community in Bosnia-Hercegovina is the  sole  and  united community of Muslims  in  Bosnia-Hercegovina, of Bosniaks outside their homeland, and of     other Muslims who accept it as their own.

 

The Mashikhat (Seniority) of the Islamic Community of Sanjak, the Mashikhat of the Islamic Community of Croatia, and the Mashikhat of the Islamic Community of  Slovenia are integrai parts of the Islamic Community in Bosnia-Hercegovina.     ·

 

 

Article II

The autonomy of the Islamic Community in Bosnia­ Hercegovina is based on the religious (Islamic) legitimate and legal institutions of Bosnian Muslims from the time of the Ottoman administration in Bosnia.

 

 

Article III

The Islamic Community in Bosnia-Hercegovina is an inseparable part of the Ummat (The World Islamic Community).

 

 

Article IV

The organization of the organs and institutions of the Islamic Community in Bosnia-Hercegovina and its activi­ ties are derived from the Holly Qur'an and the Sunnat (Practice) of the Prophet Muhammed (p.b.u.h.), on the Islamic traditions of Bosniaks, and on the requirements of the time.

 

 

Article V

Members of the Islamic Community in Bosnia­ Hercegovina exercise their rights and duties in the Jamat (the Basic Collective Unit), organs and institutions of the Islamic Community.

 

 

Article VI

The Islamic Community is independent in the regulation of its activities and in the menagement of its property. 

 

 

Article VII

The aim of the Islamic Community is that all of its members should live in conformity with Islamic ethical norms.

 

The aim of the Islamic Community is being achieved by promoting good and preventing evil.

 

Article VIII

The Islamic Community protects authenticity of the Islamic ethical norms and assures their interpretation and application.

 

 

 

In the interpretation and performance of the Islamic religious rituals in the Islamic Community, the Hanafi madhhab (the Lawl Shool) is to be applied.

 

Article IX

The Islamic Community takes care of the islamic education and upbringing of its members, and dedicates itself to the preservation of the values of marriage and family life.

 

 

Article X

The Islamic Community is taking care of the religious rights of Muslims.   

 

 

Article XI

The Islamic Community provides necessary conditions for its members, according to its capacities, so that they can perform their Islamic religious obligations.

 

Article XII

The Islamic Community organizes and supports activities which improve social and financial living conditions of Muslims.

 

 

Article XIII

 

The Islamic Community organizes activities through which it acquires, protects and augments the property of the Islamic Community.

 

 

Article XIV

The Islamic Community establishes and maintains contacts and cooperation with Islamic communities, institutions and organizations world-wide.

 

 

Article XV

The Islamic Community cooperates with other religious communities and organizations in activities which promote peace, justice and good-will among all people.

 

 

Article XVI

Activities within the Islamic Community are subject to principles of legality, community welfare and responsibility, and governing posts are subject to the principles of election and term limitations.

 

 

Article XVII

 

Posts in the Islamic Community may be entrusted only to those who have appropriate professional eligibility, and who have acquired a good reputation of Islamic conduct in the Jamat where they live and the environment where they work.

 

 

 

 

II.                 GENERAL REGULATIONS

 

Article XVIII

 

The Islamic Community in Bosnia-Hercegovina has the legal power in exercising its legal rights.

 

 

Article XIX

The Council of the Islamic Community determines which organizational units, organs and institutions of the Islamic Community should have the leagal power.

 

Article XX

The Headquarters of the Islamic Community is in the  city of Sarajevo.

 

 

Article XXI

 The Islamic Community has its own flag and logo. 

 

Article XXII

The flag of the Islamic Community is green with a white crescent and white five-pointed star in the centre of the open side of the crescent, facing away from the flag-pole.

The length of the flag is twice as its breadth. 

 

Article XXIII

The logo of the Islamic Community is a crescent open on the right with a five-pointed star in the centre of the crescent in whose open fields is written in Arabic script ten times the word “Allah”.

 

Article XXIV

The organs and institutions of the Islamic Community have a circular seal with the logo of the Islamic Community.

 

 

Article XXV

The official language of the Islamic Community is the Bosnian language.

 

 

Article XXVI

 

The official calendars of the Islamic Community are the Hijra (Islamic) calendar and the Gregorian calendar.

 

 

 

The Riyasat of the Islamic Community prepares the Hijra calendar and announces it in a special publication the Takwim.

 

 

 

 

 

 

 

 

III. OBLIGATIONS AND RIGHTS OF MEMBERS OF TIIE ISLAMIC COMMUNTY

 

 

Article XXVII

Members of the Islamic Community have obligations and rights.

The obligations of the members of the Islamic Community are:

- to uphold Islamic ethical norms, to protect Islamic values and to preserve Islamic customs;

 

- to be informed about the regulations of the Islamic Community and to apply them;

- to give regular fees and other contrìbutions for the needs of the Islamìc Communìty;

- to protect the reputation and unity of the Islamic Communi ty.

The rights of the members of the Islamic Community are:

- to express freely theìr Islamic identity and carry out Islamic duties;

- to receive an Islamic education and upbringing;

 

- to benefit from the institutions of the lslamic Community in the performance of their Islamic duties,

-  to take part in the Communìty activities of a Jamat;

-  to vote for the organs of the Islamic Community and to be elected to the organs of the Islamic Communìty;

-  to turn to the Islamic Community for the protection of their Islamic religious rights;

-  to use the lslamic Community premises according to the appropriate rules and regulations.

 

 

 

 

 

 

IV.          THE PROPERTY OF THE ISLAMIC COMMUNITY

'

 

Article XXVIII

 

The property of the Islamic Communìty consists of the Waqf property, other properties and financial resources.

 

 

Article XXIX

 

The property of the Islamic Community can be used for the activities that are with reference to the aims of the Islamic Community and cannot be used for other purposes.

 

Article XXX

 

The property of the Islamic Community is consisted of:

- the Wakaf property and other real estate and movable property of the Islamic Community;

-  regular fees;

- the Zakat, the Sadaqatu-1-fitr and the Ourban;

- the revenue of the organs and institutions of the Islamic Community that obtain profits;

- endowments;

- gifts, testaments as well as other possible income and donations.

 

 

Article XXXI

 

Each person with a legal power may establish a Waqf property in accordance to the Law of Shari'ah. The Waqf properties are by the definition inalienable properties.

 

The Riyasat of the Islamic Community may take a decision to give the Waqf property in exchange for the property of another person if, by means of its commission, the Riyasat incontestably establishes that such exchange is in the interest of the Waqf property as a whole. The decision of the Riyasat in such cases will be valid only if two thirds of the members present at the session of the Riyasat vote in favor.

 

 

Article XXXII

 

The Waqf property is administered by the Waqf Head Office.

The Council of the Islamic Community issues regulations concerning the organization and activities of the Waqf Head Office.

In managing of the Waqf property, the aplication of the rules of the Waqfnama (the written testament of the Waqf-donor) are obligatory far everyone.

 

Article XXXIII

The sum of the collection of the Za kat, the Sadakatu-l- fitr and the qurbans constitute the Baitu-l-mal.

The management of the Fund of the Baitu-l-mal is regulated by a special legai act which is legislated by the Counctl of the Islamic Community.

 

 

V.  ORGANISATION OF THE ISLAMIC COMMUNITY

 

THEJAMAT

 

 

Article XXXIV

The Jamat is the basic organizational unit of the Islamic Community.

 

The Jamat consists of at least one hundred Muslim households, who live in one area and who join in the performance of common Islamic duties.

The decision for the formation of a Jamat makes the Riyasat of the Islamic Community upon the proposal of the Mufti.

 

 

Article XXXV

 

The organs of the Jamat are the Jamat Assembly and the Jamat Board.

 

 

Article XXXVI

 

The Jamat Assembly is composed of all the Muslims in the Jamat Area who have reached the age of 18 years.

 

The Jamat Assembly elects: the Jamat Board, the president of the Jamat Board, the representatives of the Jamat to the Majlis Assembly and the delegates of the Jamat to the electoral body that elects the members of the Council of the Islamic Community, and makes important decisions conceming the organization of the Jamat as well as of Islamic religious activities within the Jamat.

 

 

Article XXXVII

The Jamat Board consists of five members in Jamats of up to 200 households, and seven members in Jamats of more than 200 households.

The Imam is a member of the Jamat Board ex officio.

The Imam is responsible for the religious life of the Jamat. He keeps the books of records and represents the Jamat in Islamic religious affairs.

 

 

Article XXXVIII

The Jamat Board is responsible far providing the conditions for religious life in the Jamat Area.

 

The president of the Jamat Board represents the Jamat in administrative and property matters, and presides over the Jamat Assembly.

 

 

 

THE MEJLIS

 

 

Article XXXIX

The Majlis is a higher organizational unit of the Islamic Community, which normally consists of at least seven united Jamat that make a coherent whole.

The Council of the Islamic Community takes the decision about the establihment of a new Majlis or the merging of an existing Majlis with another, on the proposal of  the Riyasat of the Islamic Community.

The organs of the Majlis are the Majlis Assembly and the Executive Board of the Majlis. The Majlis Assembly consists of elected representatives of Jamats.

 

Jamats with up to 200 households elect three representatives to the Majlis Assembly, and Jamats with more than 200 hauseholds elect five representatives.

The responsibilities of the Majlis Assembly are:

- to elect the members and the president of the Executive Board of the Majlis;

-  to previde a guideline for the activities of the Executive Board of the Majlis;

- to read and approve the annua!report on the activities of the Executive Board of the Majlis; 

- to approve the budget and final accounts of the  Majlis.

 

Article XL

The Executive Board of  the Majlis is the executive body of the Islamic Community on a designed territory of the Majlis.

The number of members of the Executive Board of the Majlis is determined according to the number of members of the Islamic Community on a designed territory of the Majlis, but may not be fewer then five or more than fif teen members.

The Grand Imam is a member of the Executive Board of the Majlis ex officio.

The responsibilities of the Executive Board of the Majlis:

- to execute the decisions and to carry out the instructions of the higher organs of the Islamic Community;

-  to be concerned with the cond itions and needs of Islamic religious life on a designed territory of the Majlis;

- to supervise the work of the Jamat Boards and to give instructions for their work;

-  to take care of the property of the Islamic Community

-  to propose the appointment and dismissal of the Imams, the Khatibs and the Muallims;

- to write a report about its work.

The President of the Executive Board of the Majlis presides over the Majlis Assembly, manages the work of the Executive Board of the Majlis and represents the Majlis in administrative and property matters.

 

Article XLI

When the Riyasat of the Islamic Community finds that the Executive Board of the Majlis is not carrying out its work in accordance with the Constitution and other regulations of the Islamic Community, it will decide whether to dismiss the Executive Board and to arder the Majlis Assembly to elect a new Executive Board within thirty days.

Until the new Executive Board of the Majlis is elected, a three-member commission appointed by the Riyasat of the Islamic Community will carry out its work.

 

Article XLII

The G rand Imam takes care of Islamic religious life on a designed territory of the Majlis and is responsible for the work of all the Imams, the Khatibs and the Muallims in his jurisdiction.

The Grand Imam represents the Majlis in Islamic religious matters.

The Grand Imam is appointed, transferred and dismissed by the Raisu-1-ulama upon the proposal of the Mufti.

 

 

 

THEMUFTI

 

Article XLIII

The office of the Mufti is the principal religious organ on the territory of the Mufti jurisdiction.

 

 

Article XLIV

The seat of the Mufti and the territory of the Mufti jurisdiction are defined by the Council of the Islamic Community.

 

Article XLV

The Mufti is appointed, transferred and d ismissed by the Council of the Islamic Community upon the proposal of the Raisu-1-ulama.

 

The person appointed as the Mufti must be an Alim (a Senior Muslim Scholar) who is known for his lslamic scholarship and who has a reputation for his proper Islamic conduct among members of the Islamic Community, and who has pursued higher lslamic education and has gained more then five years of work experience in the lslamic Community.

The Mufti represents the Islamic Community in religious matters on the territory of his jurisdiction, and:

-  interprets Islamic teaching and issues the fatwas;

- supervises the work of the Imams, the Khatibs; the Muallims and the Mudarrises

- ensures that the religious rights of Muslims are being protected;

- ensures the provision of conditions for the performance of Islamic obligations;

-  assures the execution of decisions and directives of the higher organs of the Islamic Community;

-  proposes appointments, dismissals and transfers of the Grand Imams.

 

Article XLVI

The Council of the Islamic Community confirms, every four years, the reappointment of the Mufti, on the recommendation of the Raisu-1-ulama.

 

 

Article XLVII

 

The Mufti has an office.

The Mufti conducts the Mufti Council that is made up of all the Grand Imams and the principles of Madrasahs (Islamic Formal High Schools) on the territory of the Mufti jurisdiction.

 

 

Article XLVIII

 

The Mufti takes an oath before the Raisu-1-ulama and is responsible to the Rais ul Ulama for his work.

THE RIYASAT

 

 

Article XLIX

 

The Riyasat of the Islamic Communìty is the highest Islamic religious and administrative organ of the Islamic Community.

The head of the Riyasat is the Raisu-1-ulama.

Including the Raisu-1-ulama, the Riyasat is consisted of 15 members.

The members of the Riyasat ex officio are: the Deputy Raisu-1-ulama, the Secretary-Genera1 of the Riyasat, the presidents of Mashikhats of the lslamic Community and director of the Waqf Head Office.

The remaining members of the Riyasat are being elected by the Council of the Islamic Community in the following manner: four members from among the Muftis,

two members from among the deans and principles of Islamìc educational institutions, and two members from R.J among outstanding members of the Islamic Community ) who are not employed by the Is1amic Community. )

 

 

Article L

The mandate of the members of the Riyasat is four years.

 

Article LI

The areas of activity of      the Riyasat of    the Islamic

Community are:

 

- the organization of Islamic religious life;

- Islarnic education (ma'a rifi affairs);

- the construction and maintenance of premises of the Islamic Community;

- the organization and activities of the organs and institutions of the Islamic Community in the Bosniak diaspora;

-  the cooperation with Islamic organizations and institutions world-wide;

-  administrative and legal affairs; and

-  economic and financial affairs of the Islamic Community.

 

Article LII

The responsibilities:         of the lslamic Community are:

- to take care of the entirety of Islamic religious life and to ensure that all activities within the Islamic Community are based on the principles of the Shari'ah Law;

- to supervise the work of the executive organs and institutions within the Islamic Community;

-  to appoint, transfer and dismiss the Grand Imams, the  Imams, the Khatibs and the Muallims;

-  to appoint and dismiss the deans and principles of

Islamic educational institutions;.

- to approve the curricu1a of Islamic educational institutions as well as curricu1a and textbooks for Is1amic studies in state schools;

-  to assure the protection of the religious rights of Mus1ims;

- to ru1e on the dress and symbols of religious representatives of the Islamic Community;

- to supervise the collection of Zakat and the Sadaka-tu-l-fitr, and to administer the Fund of the Baitu-1-ma1;

- to approve the establishment of the new Waqfs for religious purposes;

- to make decisions about exchange of the Waqf property;

-  to establish and maintain direct relations with Islamic Communities around the world;

- to hand down decisions concerning registrations in Islamic educational institutions;

- to certifiy the selection of teachers/professors made by the academic councils of the Facul ty of Islamic Sciences and the Teachers' Academies;

-  to establish contacts with other religious communities.

 

Article LIII

The Riyasat of the Is1amic Community may establish permanent and temporary commissions.

 

 

Article LIV

 

The Riyasat of the Is1amic Community submits report of its activities to the Council of the Islamic Community.

 

 

 

THE RAISU-L-ULAMA

 

 

Article LV

The Raisu-1-u1ama is the Supreme Authority and the Grand Muftii of the Is1amic Community in Bosnia­Hercegovina.

The Raisu-1-u1ama is a symbo1 of unity of the Din (lslamic

religion) and the Ummat of the Is1amic Community in Bosnia-Hercegovina.

The Raisu-1-u1ama represents the Islamic Community within the country and abroad.

The Raisu-1-ulama is assisted in his work, and represented in his absence by his Deputy.

 

Article LVI

Nomination for the posts of The Raisu-1-u1ama and bis Deputy shall be from among Alims (Senior Muslim Scholars) who have more than five years of work excpirience in the lslamic Community, and who have gaind a good reputation among members of the Islamic Community on account of their Islamic knowledge and proper Islamic conduct.

Candidates for the Raisu-l-u1ama and his Deputy may not be yunger than 40 years of age.

The Council of the Is1amic Community draws up a list of candidates and nominates three candidates for the post of the Raisu-1-u1ama and three candidates for the post of the Deputy of the Raisu-1-u1ama.

 

Article LVII

The Raisu-1-ulama and bis Deputy are elected by the body which consists of the members of the Council of the Islamic Community, the members of the Riyasat of the lslamic Community, the Muftis, the presidents of Mashikhats of the Islamic Community, the deans and the principles of Islamic institutions, the Grand Imams and the presidents of Executive Boards of the Majlises.

 

 

Article LVIII

The election of the Raisu-1-ulama and bis Deputy is carried out by secret ballot among a number of candidates in the rnanner prescribed by the bylaws which are passed by the Council of the Islamic Community.

The Raisu-1-u1ama and his Deputy are e1ected for a period of seven years with the possibility of re-e1ection for an additiona1 term.

Upon the election of the Raisu-1-ulama and his Deputy, and until the reestablishment of the Office of the Caliph, the Council of the Islamic Community will se1ect a Special Committee whose duty is to hand over the Document of the Manshurah to the Raisu-1-u1ama

Upon receiving the Manshura, the Raisu-1-u1ama will take an oath in the Gazi Husrev-bay Mosque in Sarajevo.

The Deputy Raisu-1-ulama will take an oath as well.

 

 

ArticleLIX

The Raisu-1-u1ama issues the Document of the Murasalah to the Muf tis, the professors of religious sciences and the Khabtis.

The Raisu-1-ulama submits proposal to the Council of the Islamic Community for appointment and dismissal of the Secretary-General of the Riyasat of the Islamic Community and the Director of the Waqf Head Office.

The Raisu-1-ulama may suspend any decision of any organ of the lslamic Community whenever he sees it to be contrary to the Shari'ah Law, by a decision requiring its revocation or by an amendment that will bring it into conformity wit the Islamic norms.

 

Article LX

The Raisu-l-u1ama is assisted in his work by the Council of the Raisu-1-u1ama which is consisted of the Deputy Raisu-1-u1ama, the Dean of the Faculty of Islamic Sciences and all the Muftis.

 

Article LXI

The Raisu-1-ulama is responsible to the Council of the Islamic Community for his work.

 

 

THECOUNCIL

 

 

Article LXII

The Council of the Islamic Community is the highest representative and the main legislative body of the Islamic Community.

The responsibilities of the Council of the Islamic Community are:

- to approve the Constitution and other rules which regulate the organization and activities of the organs and institutions of the Islamic Community;

• to passe the regulations on the use of the flag and logo of the Islamic Community;

- to provide the guidelines far the work of the organs and institutions, and for the management of the property of the Islamic Community;

-  to approve the budget and read and approve the financial report of the Riyasat of the lslamic Community;

- to establish institutions and funds and to approve the establishment of companies and associations within the Islamic Community;

-  to appoint, transfer and dismiss the Muftis;

-  to select the members of the Riyasat of the Islamic Community;

-  to appoint and dismiss the Secretary-General of the Riyasat and to approve the election and dismissal of the director of the Waqf Head Office;

-  to appoint the members of the Constitutional Court of the Islamic Community.

 

Article LXIII

 

The Council of the Islamic Community is consisted of 83 members, who are elected in electoral districts.

The electoral districts and the number of delgates of each district are:

Sarajevo                             13 members

Tuzla                                   10 members

Bihac                                    7 members

Banja Luka                             7 members

Gorazde                                7 members

Mostar                                  7 members

Travnik                                  7 members

Zenica                                   7 members

Novi Pazar                            5 members

Zagreb                                  5 members

Ljubljana                               3 members

Cologne, W Europe                     3 members

Chicago, N America           1 member

Sydney, Australia                1 member

 

The election of the members of the Council of the Islamic Community is carried out by special bodies composed of two delegates for each Jamat in the electoral district.

 The delegates of the Jamat to the electoral body are elected by the Jamat Assembly.

The election of the members of the Council of the Islamic Community is based on respect for territorial representation so that one member of the Council is elected for a given number of Muslims.

All the members of the Council of the Islamic Community from one electoral district will be elected in one place by the electoral body, in accordance with previous Article.

The electoral body of one electoral district may not have fewer then fifty members.

 

Article LXIV

The Council of the Islamic Community has a president, a vice-president and a secretary.

The president, vice-president and secretary of the Council of the Islamic Community will be elected by the members of the council at the constitutive session of the council of the Islamic Community.

The Council of the Islamic Community may establish permanent and temporary commissions.

The president of the Council of the Islamic Communitiy call for the sessions of the Council t least twice per annum.

It is mandatory for the president of the Council to call a session of the Council of the Islamic Community upon a request either one quarter of the members of the Council, or by the Riyasat of the Islamic Community, or by the Raisu-l-ulama.

 

 

THE CONSTITUTIONAL COURT

 

Article LXV

The Constitutional Court of the Islamic Community is the highest body for the control of the constitutionality of the work of the organs and institutions of the Islamic Community.

The Constitutional Court consists of        five members who are appointed by the Council of the Islamic Community upon a  proposal by the Riyasat of the lslamic Community.

The members of the Constitutional Court shall be appointed from among outstanding experts in religious and socio-legal sciences who bave a reputation in the Islamic  Community.

The mandate of         the members of        the Constitutional Court is six years, during which time they may not be        members of any of the representative bodies or executive organs of the Islamic Community.

 

Article LXVI

The responsibilities of the Constitutional Court of the Islamic Community are:

- to evaluate the constitutionality of normative documents and activities of the organs and institutions of the Islamic Community;

- to make decisions which establish violations of constitutionality and order their corrections;

- to resolve conflicts of authority in the work of the organs and institutions of the Islamic Community.

 

Article LXVII

The decisions of the Constitutional Court of the Islamic Community are binding on ali organs and institutions of the Islamic Community.

Responsibility for the implementation of decisions of the Constitutional Court of the Islamic Community falls upon the Riyasat of the Islamic Community.

 

Article LXVIII

The work of the Constitutional Court of the Islamic Community is supervised by the President of the Constitutional Court of the Islamic Community, who is elected by the members of the Constitutional Court of the Islamic Community at its first meeting, which is called by President of the Council of the Islamic Community.

The work and organization of the Constitutional Court of the Islamic Community is regulated by a Act passed by the Council of the Islamic Community upon a proposal of the Constitutional Court of the Islamic Community.

 

 

 

VI.       THE INSTITUTIONS OF THE

ISLAMIC COMMUNITY

 

 

Article LXIX

Educational, socio-humanitarian, economie and financial activities of the Islamic Community are condacted by the institutions of the Islamic Community.

 

 

Article LXX

The posts of management of the institutions of the Islamic Community are entrusted to persons of good reputation in their Jamats and the institutions where they work, and who possess appropriate professional skills and organizational abilities.

 

 

Article LXXI

The Sufi orders are established within the framework of the Islamic Community, and in accordance with the Shari’ah and the regulations of Tariqat( the Mystival Way of Reaching the presence of God).

 

Article LXXII

Some associations may be founded within the framework of the Islamic Community.

The activities of associations are regulated by the by-laws.

The by-laws are passed by the Association Assembly and approved by the Council of the Islamic Community.

 

 

VII.   THE ELECTORAL SYSTEM

 

 

Article LXXIII

Each member of the Jamat who has reached eighteen years of age has the active right to vote in the Islamic Community.

Each member of a Jamat who has reached eighteen years of age and who fulfills his or her duties in the Jamat has the right to be elected in the lslamic Community.

 

Article LXXIV

Elections in the lslamic Community are held by secret ballot from among more then one candidate.

The electoral comrnission is bound to reject the candidacy of any person who does not fulfil the conditions for elction to the organs of the Islamic Community.

The same person may not at one and the same time hold office in the representative and the executive organs in the Islamic Comrnunity.

Employees of the Islamic Community may not constitute more than one third of the members of the representative organs of the Islamic Community.

 

Article LXXV

The mandate of members of all collective organs in the Islamic Community is four years.

The elected organs of the Islamic Community continue to perform their duties after the expiry of their mandate until the relevant elections confirm new organs.

The mandate of organs of the Islamic Community which expired during a state of war is extended until the cessation of hostilities.

 

Article LXXVI

Offic-holders in the representative and executive organs of the Islamic Community have the right to tender their resignation.

Offic-holders in organs of the Islamic Community are suspended or dismissed from their duties when it is established that:

- their conduct and actions are contrary to Islamic norms;

- they are contravening the regulations and decisions of organs of the Islamic Community;

- they are not performing the duties of the post to which they were elected or appointed, as the case may be·

- they are abusing their post;

- they are incapable of performing their duties.

 

 

 

 

 

VIII.      THE FUNCTIONS OF THE ORGANS

AND INSTITUTIONS OF THE ISLAMIC

COMMUNITY DURING THE STATE OF WAR

 

 

Article LXXVII

During the state of war all organs and institutions of the Islamic Community are bound to continue their functions in a manner adapted to war conditions.

The presidents of the organs and the directors/principles of institutions are responsible for the organization and condact of the affairs of the organs and institutions of the Islamic Community during state of war.

 

Article LXXVIII

In the event of incapacitation of the Council and the Riyasat of the Islamic Community, the rights and obligations of the Council and the Riyasat of the Islamic Community devolve to a special body, comprising of:

- the Raisu-l-ulama;

- the president of the Council of the Islamic Community;

- the Deputy Raisu-1-ulama;

-  the Secretary-General of the Riyasat of the Islamic Community; and

- the Muftis who are able to take part in the work of the body.

 

 

IX. ADOPIION OF AND AMENDMENTS

TO THE CONSTITUTION

 

 

Article LXXIX

Adopting and amending the Constitution is carried out by the Council of the Islamic Community following the procedures established b the Constitution.

The presence of at least two thirds of the members of the Council is required to adopt or amend  the Constitution.

A decision to adopt or amend the Constitution is valid if at least two thirds of the members of the Council present vote for it.

The Constitution of the Islamic Community may be amended in whole or by constitutional amendments.

The proposal for amendments of the Constitution may be made by at least one third of members of the Council of the Islamic Community or by the Riyasat of the Islamic Community.

The Council of the Islamic Community makes decisions concerning the proposals for amendment to the Constitution.

Draft amendments to the Constitution shall be made by the Constitutional Commission, consisting of the President and eight members, appointed by the Council of the Islamic Community.

The draft document to amend the Constitution shall be presented for public debate, during a period of not less then thirty days, after which the Constitutional Commis­ sion shall formulate the proposal on the document amending the Constitution and send it to the Council of the Islamic Community.

The Council of the Islamic Community shall declare the adopted amendment to the Constitution as its decision.

If the amendment to the Constitution is not passed, it may not be discussed again until one year has elapsed since the date of the rejection of the proposed amend­ ment.

 

X.   TRANSITIONAL AND FINAL

REGULATIONS

 

Article LXXX

The Mashikhat of the Islamic Community of Sanjak, the Mashikhat of the Islamic Community of Croatia, and the Mashikhat of the Islamic Community of Slovenia regulate the organization of Islamic religious life in their areas by their own by-laws in conformity with this Constitution.

 

Article LXXXI

The Islamic Community may sign contracts that define the legal relationship between the Islamic Community and the State.

The draft of such contracts, to be signed by the Raisu-l-ulama on behalf of the Islamic Community, shall be approved by the Council of the Islamic Community.

 

Article LXXXII

The higher organs of the lslamic Community may derogate individual decisions of the lower organs if they are not in conformity with  the regulations of the lslamic Community.

 

Article LXXXIII

All normative documents of the Islamic Community must be brought into accordance with the regulations of this Constitution within six months of its proclamation.

 

Article LXXXIV

Upon the proclamation of this Constitution, elections for the representative bodies and organs of the Islamic Community are to be scheduled within sixty days. The elections will be carried out in conformity with the electoral proceedings contained in this Constitution.

The election, appointment and formation of all bodies and organs of the Islamic Community, regulated by this Constitution, shall be carried out within six months from the date the elections are scheduled.

 

Article LXXXV

When the organs elected and appointed in conformity with this Constitution are established, the mandate of the previous organs expires.

 

Article LXXXVI

The interpretation of this Constitution given by the Council of the Islamic Community shall be regarded as final.

 

Article LXXXVII

This Constitution shall take effect on the date of its proclamation, and shall be published in the Herald (Glas­ nik, the Official Joumal) of the Islamic Community.

 

 

 

President

of the Council

of the Islamic Community

Hilmo Neimarlija

 

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