Problemi priznanja Islamske vjerske zajednice u Austriji / Problems of recognition of the Islamic Community in Austria

Abstract

Starting with the description of the often neglected relativization, doubts and common misconceptions regarding the legal recognition of the Islamic Community in Austria the author sees a manifestation of the same problem in the new Islam Act of 2015. In a first step the article therefore examines as usual the guarantees of constitutional law with regard to legal recognition and systematic problems regarding the case of the Islamic Community. However, by referring to a quite unknown decision of the Higher Regional Court of Linz from 1961, the author questions the common narrative of the genesis of the Islamic Community in Austria, establishes a historical and legal connection to the Islamic Community in Bosnia and Herzegovina and introduces an alternative approach to the problem of recognition of the Islamic Community.