Bosnian Muslim scholars on governance and justice

Prof. dr Fikret Karcic, Faculty of Law, University of Sarajevo

 In modern Islamic thought in Bosnia and Herzegovina, developed in post-Ottoman times,  there was no systematic treatment on issues such as governance and justice. Bosnian scholars of the Habsburg era (1878-1918) initiated debates about permissibility of Muslim stay in a non-Muslim polity, service in a non-Muslim army, compatibility of being Muslim and European and the like. These issues were debated in the form of response (fatwa), and short treaties. The same trend continued during the Kingdom of Yugoslavia (1918-1941).

 During Socialist rule in Bosnia and Herzegovina (1945-1990) Bosnian Muslim scholars  faced new challenges centered around the question: how to preserve Muslim identity in Marxist secular state? The elaboration of an Islamic view on governance and justice was unlikely to take place in a situation when the regime considered that the legitimate area of religion is only the private life of individuals.

 During the break up of Yugoslavia and genocidal war of 1992-1995 Bosnian Muslims were struggling to survive and in post-war period to reconstruct their scattered life and  de facto  partitioned homeland. It was not time for major theoretical endeavors, but rather brief answers to the issues of daily life.

 Thus, views of selected Bosnian Muslim scholars would be given in the fragmentary form, taken out from interviews or debates. In spite of shortcomings of this method, this  approach could give us an insight into main tendencies and frame of reference of these scholars.

Fragments:

Alija Izetbegovic, intellectual and political leader of Bosnian Muslims

Source: Sjecanja: Autobiografski zapis, Sarajevo: TKD Sahinpasic, 2001, pg. 455.

On democracy

Very few words have been the subject of controversial understanding, and abuse, as the word democracy. I think that only the word religion had a similar fate throughout history. Absolute rulers rarely admitted that they were dictators, called themselves democrats and

asked of others to consider and call them as such. Due to these controversies, the United Nations, as far as I remember, published Demokratija u svijetu zategnutosti which very vividly demonstrates this global misunderstanding of democracy.

Maybe because of that, it is necessary for me to give my own opinion on the question.

I believe that God created people free and equal, that higher or lower races do not exist, and neither no good or bad nations. I believe that people bring with themselves a certain number of inalienable rights, that governments have no right to limit these rights, much as I do not believe in the unrestricted rights of the majority, as tyranny of the majority is a tyranny like all others. I believe that the measure of liberty is the relationship to minorities, and freedom of thought is, above all, the freedom to think differently. These, in short, constitute my understanding of democracy.

(Speech during the acceptance of American Center for Democracy award, New York, UN, 27 March 1997.)

 Dr. Fikret Karcic, professor of Islamic law

Source:  Islamski fundamentalizam: sta je to? Sarajevo: Mesihat IZ u BiH, 1990, pg. 209-210.

(…)

Marko Orsolic: “I have one question which I would pose to professor Fikret Karcic. If there were in Bosnia and Herzegovina more than fifty percent Muslims out of the whole population, would it be required by Islam, by Shari’a, by Islamic law to establish an Islamic Republic of Bosnia and Herzegovina. Let me state my position: if there were in Bosnia 99.9% Catholics, I would not be in favour of a Catholic state, in fact I would be the first to be against it!”

Fikret Karcic: “I believe that there are many others who could answer this, but I will try to give my answer to this. I would start the answer by going back to 1258 when Mongol commander Hulaghu han destroyed Baghdad and overthrew the caliphate. He posed a similar question to the Baghdad ulama of the famous Nizamiyye school. Hulaghu asked: Who has the greater right to rule and be obeyed as a ruler –  a just non-Muslim or an unjust Muslim? The Baghdad ulama replied: just non-Muslim. In this religious opinion (fatwa), the attribute justice is given preference over the attribute religion. By referring to this event  several centuries ago, I would now offer some – as my answer to the question posed. The issue is what meaning or social function should Islam have in Bosnia and Herzegovina, or Yugoslavia. Whenever discussing this issue, it is important to take into account where and in what conditions this question is posed. Rosenthal in one of his books, Islam in Modern Nation State, points out that the definition of Islam in the Indian sub-continent depended on where the answer came from, one side-India or another side-Pakistan. The question and the answer are shaped by social and historical circumstances. Muslims in these areas, from the end of Turkish rule in 1878 practically and from 1908 legally, accepted that Islam be treated equally as the other religions. Such was the case in Kingdom of Serbs, Croats, Slovenes and Kingdom of Yugoslavia from 1918 until 1941. Such a legally equal treatment of Islam was continued in the secular socialist state from 1946. The Islamic Community accepted the separation of religious communities from the state, abolishment of the Shari’a courts, and the Sharia’a law in the civil sphere. As such the Islamic Community accepted the definition of Islam as a religion. Hence, I think that  the idea of some Islamic republic in Bosnia and Herzegovina falls into the domain of political fantasy or speculation. Personally I think that the secular, the truly secular model, is the most appropriate for multi-religious societies. I have doubts regarding any ideological state, and I believe that rule of law and manifestation of religion is defined by law, and not by political opportunism, is the frame which is necessary for the exercise of human rights and freedoms, of which religious rights and freedoms are a part.”

 Dzemaludin Latic , poet, professor of Qur’anic exegesis and political activist

Source: Magazine SAFF (Sarajevo), no. 138, 15 February 2005

“…That is what I call “religious Bosnia”, Bosnia “without the oppressor and the oppressed,  as our Prophet (s.a.w.s.) would say.

Q: What kind of Bosnia is that? “Theocratic state”?

A: No, not a theocratic state! That is a state where religious values are respected most, to such an extent that all four of our religious communities are a social value, and that atheism is a private matter of the individual, but not a social value! In such a state, religious officials would have a say regarding drafts of laws that are before our parliament. In such a way, we would build peace among nations of Bosnia.

…

Q: What do you expect from SDA (Democratic Action Party)? What kind of SDA?

A: I would like that, not only SDA but all Bosniak political activists and organizations, stick to the principles of Islamic politics.

Q: Whate principles are those?

A: I translate and publish books on this topic, but in short it is: understanding of politics as trust (amana) from God; avoding self-candidature; humble life; distancing of family from power but not injustice to family; SDA should share the social crisis of its people and not that SDA MPs receive a salary of 3000KM; one leader should not be given all or most of authority; never to be without a leader who has religious credentials and abilities; not to cheat (“Who cheats is not one of us”); never tell the truth to the enemies; to have trust in those with whom you rule and achieve the trust of fellow associates; allow freedom of thought; respect the opposition, and not accuse the opposition of coup d’etat  when it is better than us; to reach decisions by convincing and not by intrigues and force; etc. Specifically, apart from struggle for Bosnia and freedom of Islam in Bosnia, I expect of the SDA to have a policy which I term “politic of the Bosniak whole” (politika bosnjacke cijeline).

 These three fragments show us diversity which exists in contemporary Muslim thought in Bosnia and Herzegovina: from reference to the views of the school of natural law, through the refusal of an ideological state  to a kind of positive attitude of state toward religious values. Within these coordinates, contemporary Muslim thought in Bosnia and Herzegovina continue to develop.

Akos.ba