THE LEGAL POSITION OF WAQF IN BOSNIA ANDHERZEGOVINA: PAST, PRESENT AND FUTUREPOSSIBILITIES
This article aims to provide an overview of the historical origins of waqf in Sharia law and thedevelopment of waqf in Bosnia and Herzegovina, along with an overview of its legal positionthrough different periods. It points to the problems that the waqf has faced in the past, but also tothe problems it faces today, such as the failure to pass a law on restitution that would enable thereturn of property confiscated in the previous periods. This article also points to the significantrole the waqf has played throughout the history of Bosnia and Herzegovina, especially in thedevelopment of urban areas. Waqf, as a legal concept based on Sharia law, has its own distinctcharacteristics, however, it shares many similarities with other legal concepts such asfoundations and trusts. A positive attitude towards waqf can release its potential in the future aswell. If approached with a positive and proactive attitude and if properly codified, waqf couldalso gain new life in the context of European integrations of Bosnia and Herzegovina. Throughone of the basic legal principles in European Union law, the principle of mutual recognition, apotentially codified waqf could gain recognition within the legal space of the European Unionlaw and represent a contribution that Bosnia and Herzegovina could make to the common legalculture of the European Union.