THE LEGAL – POLITICAL POSITION OF THE ISLAMIC RELOGIOUS COMMUNITY IN THE KINGDOM OF SCS JUGOSLAVIA (1918-1935)

Abstract

The position and organization of the Islamic religious community of Muslims in the newly formed Kingdom of SCS in different parts of the country were set differently. The Islamic religion in the Kingdom of Serbia during the second half of the 19th century, up to the World War I, had the status of a recognized religion, but not equal to the Orthodox one. Up to the First Balkan War, Islam had the same status in Macedonia. After the Balkan Wars (1912–1913), the Ottoman rule ceased in Macedonia, Kosovo and Sandjak. The new territories were added to the Kingdom of Serbia and Montenegro. In these areas, the Muslim population was significant in numbers, so the question of their religious and civil-legal status was raised. These questions were also entered into the content of the Peace Treaty, signed between the Kingdom of Serbia and the Ottoman State on 14th March, 1914, in Istanbul. The Constantinople Agreement envisioned establishment of an entire religious organization of Muslims in the Kingdom of Serbia. The head of Muslims for the Kingdom of Serbia was the Supreme Mufti seated in Nis, and later in Belgrade, and in each Muslim-populated district there would be a mufti, which had local religious, administrative, educational and judicial power over the Muslim population. One of the characteristic of the Muslims in Vardar Macedonia, as well as in Kosovo and Sandjak, is that the religious and sharia-judicial functions were merged in one person – the mufti. With the Decree on the organization of courts and court proceedings in the incorporated areas in old Serbia, (referring to Macedonia, Kosovo and Sandjak) from 7th June, 1914, the jurisdiction of the mufti also included marital disputes of Muslims, disputes over support, guardianship and its obligations, as well as the emancipation of young people.