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The Islamic population was a completely centralized one on the wider
Yugoslav territory until the Congress of Berlin. Having its place in the
hierarchy of social organization of the Ottoman Empire, it was an
important part of the system because Islam as a religion was one of the
pillars on which the Empire evolved. The weakening of the Ottoman state in
the 19th century and national struggle of the Slavic peoples caused the
gradual withdrawal of the Ottoman state. Parallel to the withdrawal of the
secular government of the Ottoman Empire, religious jurisdiction was
waning too, which led to the formation of separate Muslim communities on
the wider Yugoslav territory
The year of the Congress of Berlin, 1878, saw the beginning of the special
organization of religious affairs of the Muslim population in the area of
today's Montenegro, Serbia and Bosnia and Herzegovina. Religious
organization of the Islamic population in these countries was a part of the
government policy, since the executive authorities in new states helped
them to establish and supervised their activities.
Thus, the Montenegrin Prince Nikola appointed the first Mufti of
Montenegrin Muslims right after the Congress of Berlin in 1878 and state
continued to take care of the religious officials’ living. The Islamic
Community in Serbia was formed with the Mufti of Nis, who was, like all
clerics, paid from the state budget. In Bosnia and Herzegovina, the Austrian
authorities have directly influenced the formation of a separate Islamic
community by appointing Reis-ul-Ulema and members of the Ulema -
Majlis in 1882.
However, the spirit of centralized regulation of religious affairs, inherited
from the period of the Ottoman Empire, to some extent had been
maintained even after 1878
through the spiritual presence of Sheikh-ul-Islam as the highest religious
instance of Muslims. Thus, the Grand Mufti of Nis, who had been managing
religious affairs in Serbia and Macedonia after 1913, Montenegrin Mufti of
the Muslims, and Reis-ul-ulema in Bosnia and Herzegovina, received their
spiritual legitimacy, consent and authority to perform religious services
from the Istanbul-based Sheikh-ul-Islam.
Forming of a new state in 1918 found Muslims religiously separated and
organized through the unstable and perishing waqfs which were the only
opportunity for autonomy in religious affairs. With the exception of Bosnia
and Herzegovina, where the Islamic population was successful in achieving
religious autonomy, the Islamic community in Montenegro and Serbia was
totally dependent on the state which was the employer for all religious
officials. Thus, creating of Kingdom of Serbs, Croats and Slovenes did not
lead to the creation of Islamic Religious Community of Yugoslav territory
which would gather fragmented religious communities of the Muslim
population in the new state.
Defining the relation of state toward the Islamic community after 1918 is
not easy because both sides in this process did not have a clear strategy, so
our conclusion on their relationship is that it was rather reflexive. The
bottom line is that the state had not done much concerning the assumed
peacekeeping duties, and on the other side, the Islamic community and
political circles close to them had failed to generate any force that would
facilitate such an action of the state. It is important to note that religious
organizations of Muslims in Serbia and Montenegro were very close to the
state even before 1918, so such an environment could not provide
conditions for the maturation of a major idea that would be respected and
which would adequately implement the principle of autonomy. The
situation in Bosnia and Herzegovina was completely different. Religious
authorities in that part of the country were a product of the struggle for the
waqf-mearif autonomy, unlike the situation in Serbia and Montenegro,
which meant an awareness of their rights.
The introduction of dictatorship required new models of organizing
cooperation between the state and the Islamic community. This primarily
included the adoption of the Law on Islamic Religious Community which
regulated the religious affairs of Muslims all over Yugoslavia. The main
provision of the new legislation was a strong need of state administration to
centralize the Muslim religious authorities. Introducing the Sixth of
January Dictatorship, the carrier of changes King Alexander I, desired to
link Islamic population to his project of dictatorship through the Islamic
Religious Community. He tried to do so through this law in particular due
to the absence of political parties.
Changes in 1930 were only proclaimed, since neither the Islamic
community self-managed religious, educational and waqf activities, nor the
state had ceased to interfere in these matters.
Changing legislation in 1936 confirmed that the Islamic community in the
previous period had failed to organize, and to develop administrative and
human resources that would allow the formation of institutions willing to
change from within. On the contrary, incorporated into daily political
events, the Islamic community was only an observer of changes that have
taken place when the new law was passed in 1936. Regulation on
Amendments to the Law on IRC, adopted in March 1936, can be
considered as lex specialis, or more precisely as a regulation with the
political background and the current compromise of political elites and the
Yugoslav Muslim Organization, which was a part of the ruling coalition,
which was bringing the changes, at the time.
Political parties in Yugoslavia mostly did not have a consistent
attitude towards the Muslim religious organization between the two world
wars, since the direction of their activities was aimed through the prism of
daily political events and influence on the religious officials. With the
exception of the Yugoslav Muslim Organization in Montenegro, Radical
Party and Democratic Party were almost the only political parties that
received votes from the Muslim population. Thus, the majority of Islamic
population was eager voter of the People’s Radical Party. Radicals have
made such an impact primarily through the inclusion of the Islamic clergy
in its ranks, which were the most influential social strata among the Muslim
population.
Waqf issues within the IRC can best explain the position of community
between the two world wars. Miniature economic power of the waqfs, in
comparison to the economic achievements of the Ottoman period, can be a
kind of litmus test for the position of the IRC in the state. It is rather
paradoxical situation that the state had failed to achieve a dominant
influence in the waqf organs despite the legal basis which provided a
Regulation on Administration of waqfs and its systemic capacity of the state
apparatus. Classic Ottoman waqf concept was not applicable in the new
circumstances, so even when the state at one time took over the
management of the waqf property it failed to make a significant
breakthrough in this field. Therefore, the role of the waqf in the Ottoman
state and the reasons of its existence were not required in circumstances
where the state took a number of responsibilities that previously belonged
to the waqf system. The state created in 1918 did not decisively influence
the process of the perishing of waqfs, but it primarily accelerated this
process.
Islamic community chiefly disagreed with the state in the area of education.
Two different concepts were the subject of considerable conflict in which
the Islamic community had to forget about the exclusivity of the
educational process and come to terms with the new circumstances, while
the political factor in most cases, and would control two educational
concepts. Modern European principle of separation of religious
communities of the state was not part of the constitutional arrangements,
which left room for compromise, rather than systemic and institutional
arrangement of this area. The constitutional definition of religious
education as a compulsory subject in public schools was equated with the
principle of religious freedom and could be viewed as an interim solution.
However, the two concepts of education quickly came into conflict because
of the traditional refuse of Muslim population to follow modern educational
methods and aggressive educational form of the new state. A long tradition
of Islamic religious education could not be deleted with conventions and
legal regulation on compulsory primary education. Thus, in the period
between 1918 and 1941 saw a constant source of conflict in refusal of
Muslim children to attend compulsory elementary schooling, which caused
the ban to organize religious lower education in sybian-mekteb institutions
and a number of other solutions through which the state assumed primacy
in education from religious authorities.
There are several factors that have affected the status and social
engagement of the Islamic community in Montenegro between the two
world wars. These were primarily heritage and stereotypes with which it
had entered the newly formed state. Everything that happened in the 18th,
19th and early 20th century life was too complicated to be solved in just 23
years between the two world wars. It should be said clearly that the nation
was identified with faith at that time, and that the generalizations were part
of everyday life, all of which together left a little space for the
democratization of the entire region and a new way of solving problems.
After 1878 and The Congress of Berlin there was a clearly defined line
between the winners and the defeated, and things were yet to be resolved
when the new conflicts and horrors of World War I appeared.
There are several reasons why there has not been an autonomous
development of the Islamic community and its positioning in society. The
first and foremost was certainly the lack of basic human capacities that
would lead their community out of the ring of daily political bickering to
ensure its autonomous role in society. Again, it was difficult expect the
creating of a critical mass within the community which would pull this
process forward. Namely, the Islamic community has been burdened by its
tradition and the lack of modern educated people who would be the
momentum of these changes. Staff limited to religious themes, not able to
actively participate in social and political life, was educated within the
community. Officials of the community in Montenegro and Serbia were on
the state budget which was a very good way to keep things under control.
The only way out of this situation was the economic independence that was
possible only with the use of the waqf property. However, the concept of
waqf completely collapsed in the early 20th century in the absence of a
strong central government to control this area as it used to during the
Ottoman Empire, so all was left to individuals who after a certain time
privatized the waqf assets, used them inappropriately and destroyed it over
time.
In our research we came to the conclusion that the period between 1918 and
1941 was a period of adjustment and wanderings of the Islamic community
for their social position. The big social fractures have left traces in the
religious organization which met 1918 in an institutional crisis. Religious
affairs of Muslims in Montenegro, which began to be regulated from 1878
were not based on normative principles and organization that which would
be established to promote itself and evolve. The common characteristic of
the majority of Muslim clerics was their modest education and a weak effect
that generally could not surpass the limits of their horizons. Material safety
of their families was a significant determinant of the tenure of the officials
of the Islamic community since the state appanage provided them with
such a care. Moving to the state budget turned all of them into civil servants
and political soldiers in a way. Therefore, most of them were strongly
influenced by the political parties that used them to spread their influence
among the Muslim population. The concept of economic independence of
the Islamic community based on the institution of waqf completely
collapsed, so between the two world wars we can not talk about the
economic sustainability of the community. The lack of competent
individuals led to the economic dependence as the main cause of an
unenviable social position of the Islamic community. Dependent on public
assistance and direct funding of all revenues of officers, Islamic religious
community did not create the conditions for independent development of
its own institutions. Supported by the state budget, personnel was
unprepared to respond to the challenges of time, so the Islamic community
followed the concept of state politics and was a mediator of the political
relations between the state and Islamic population since the formation of
the Yugoslav state.