Possibilities and ways of establishing vakufs in our legal system with reference to the practice of organs of Islamic communitiy

Abstract

Vakufs as a special kind of endowment are part of the property of the islamic community that is used for execution of assignements in the realisation of the purposes for which they were founded.
In the period before II W. W., when the Islamic Community was one among a number of recognized religions and in its activities besides of a religious nature, had also a public legal character, vakufs were founded for the fulfilment of the religious, oultural, humanitarian and general tasks in the competence of the islamic religious community.
After the II W. W. socialist social relations were established. The social sector of economy became much stronger. The property of citizens and legal persons had less significance in the life of country. The size of property in land and in real estate was limited. Religious communities were separated from the State, and the State took over care for organization of economy and cultural life, education and of all tasks of general social interest. The religious communities were occupied with religious rites and religious tasks.
These qualitative changes in social-economic circumstances have also changed the role and significance of endowment in general and also the role of vakufs.
The vakuf as a purely religious institution should now hlep the maintenance and advancement of religious life, because it is a purpose of the Islamic Community proclaimed by its constitution. The maintenance and advancement of religious life is achieved by diverse activities such as:
— the organizing of religious life, prayers in džemmat (joint prayers) mevlud celebrations, tevhid, religious burials and other rites,
— the schooling of stafs for future religious officers,
— the religious education of children and of adults,
— the issuing of religious editions, jounals, textbooks and books.
For all these activities is necessary to provide conditions and material basis. Although the Constitution of the Islamic Community has forseen the establishing of vakufs by legal persons too, they can be in practice be established by physical persons only. But because the property of physical persons is limited by the Law, they transfer to the vakuf flats for religious officers, but rarely real estate.
Thus, the vakufs remain a significant factor in the providing of means for normal activities of the Islamic Community, and there are large legal possibilities for establishing them in view for the purpose for which they are established.