Occasional Papers on Religion in Eastern Europe

Volume 38 | Issue 5 Article 4

12-2018

Husein Djozo and his Fatwa on Collection and

Distribution of Zakat Funds
Hazim Fazlić
Lake Forest College

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Fazlić, Hazim (2018) "Husein Djozo and his Fatwa on Collection and Distribution of Zakat Funds," Occasional Papers on Religion in
Eastern Europe: Vol. 38 : Iss. 5 , Article 4.
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 HUSEIN DJOZO AND HIS FATWA ON COLLECTION AND DISTRIBUTION OF

ZAKAT FUNDS

By Hazim Fazlić

Hazim Fazlić is a lecturer in Islamic Studies at Lake Forest College, teaching Global Islam and
21st-Century Islam. He also works with the Islamic Cultural Center of Greater Chicago as an
imam. He earned his Master’s and PhD in Islamic Studies at the University of Birmingham
(UK). Both degrees focused on modern Muslim thought in the Balkans. He is a native of Bosnia
and Herzegovina.

ABSTRACT

With the end of the Second World War, Yugoslavia became a de facto communist country. One
of the policies of the new communist regime was to relegate religion entirely to the private
sphere and to reduce the influence of religious communities in the public sphere. As a number of
its legacies were expropriated, the Islamic Community of Yugoslavia was in need of new sources
of funding. In order to reform a centuries-long practice of collection and distribution of religious
contributions, zakat, and sadaqat al-fitr, a theoretical framework was needed to allow for that
reform. This paper examines the origins of a fatwa that regulated and formulated the collection
and distribution of the above fund. The fatwa was issued by Husein Djozo, a religious official
and scholar from the former Yugoslavia. This work examines Djozo as an author of the fatwa,
the influence the renowned Muslim reformers had on him, and the effects of the fatwa on
religious activities of Yugoslav Muslims.

Introduction

The first modern movements of the Islamic revival and reform began in the eighteenth

century through the Wahabi movement in Saudi Arabia, the reformatory works of Shah

Waliullah (died in 1762) in India, the neo-Sufi movement in Central Asia, and the Idrisi and

Sanusi movements in North Africa, among others. These pre-reform movements showed several

common characteristics, including: a deep and transforming occupation with socio-ethical

OCCASIONAL PAPERS ON RELIGION IN EASTERN EUROPE (DECEMBER 2018) XXXVIII, 5 56

degeneration of the Muslim society; a calling to “return” to true Islam and to refuse superstitions

which popular Sufi forms had implanted; a renunciation of the idea of stability and finality of

traditional law schools; an attempt to exercise ijtihad, i.e., to think over the meaning of the true

message; a call to remove the pressing load of determinist perspective created by popular

religion and supported by the everywhere present and influential ‘Asharite theology; and a call to

impose this revivalist reform, even by force if necessary.1 The full-fledged Islamic awakening

appears later through Jamaluddin Afghani (d. 1897), Muhammad Abduhu (d. 1905), and Rashid

Rida (d. 1935) in Egypt, and Sayyid Ahmad Khan (d. 1898), Muhamad Iqbal (d. 1938),2 and Abu

al-Kalam Azad (d. 1958) in the Indian subcontinent.3

In the middle of the twentieth century, quite different ideas about the role of Islam were

developing to affirm original Islamic sciences through the works of Sayyid Qutb (d. 1966) and

Abu A’la Mawdudi (d. 1979),4 turning away from Western materialist and rationalist direction in

Muslim societies and seeking an Islamic alternative.

It was during this series of events, people, and ideas that a Bosnian Muslim scholar,

Husein Djozo, matured intellectually and spiritually. There is no doubt that Djozo was

significantly influenced by the above reformist and revivalist ideas, particularly while studying at

1
Fazlur Rahman, “Islam, izazovi i prilike,” in Enes Karić, Kur’an u Savremenom Dobu, Volume 2, ed. Enes Karić
(Sarajevo: Bosanski Kulturni Centar, 1997), p. 39.
2
See John L. Esposito, “Muhamad Iqbal i islamska država,” in Kur’an u Savremenom Dobu, Volume 2, p. 113.
Muhamad Iqbal (1873–1938), a poet, philosopher, lawyer, political thinker, and Muslim reformer, is a prominent
person in Islam in the twentieth century. He wrote in Persian, Urdu, and English. His main directions are dispersion
of illusion about the West together by acknowledging its scientific and technological achievements; consciousness
to reconstruct Muslim society in the process of a new interpretation and reforms; affirmation of the link between
Islam, politics and society; intercession for Islamic alternative; reaffirmation of the supranational character of
Islamic Community, etc.
3
Nerkez Smailagić, Leksikon Islama, (Sarajevo: Svjetlost, 1990), p. 511. Abu al-Kalam Azad (1888- 1958) was M.
Iqbal’s contemporary. He was not a modernist in the true sense but in Qur’an interpretation he liberalizes and
humanizes Islamic belief, stressing some of God’s attributes by calling Him Provider, Sustainer, Compassionate,
Beautiful, etc. While Iqbal has put man in the center of the world as God’s vicegerent with unconstrained
capabilities, for Azad God is in the position of the supreme authority in the cosmic order and gives man no choice
other than to admire, listen to, worship, and follow Him.
4
For further explanation on Abu A’la Mawdudi see Allahbukhsh K. Brohi, “Mevlana Abul A’la Mevdudi - čovjek,
znanstvenik i reformator,” in Kur’an u Savremenom Dobu, Volume 1, p. 543.

OCCASIONAL PAPERS ON RELIGION IN EASTERN EUROPE (DECEMBER 2018) XXXVIII, 5 57

Al Azhar University in Cairo, which most poignantly focuses on effort and activity toward a new

affirmation and revitalization of the teachings of Islam. Djozo’s contribution to the Islamic

awakening through written works in magazines and periodicals such as Preporod [Rebirth],

Glasnik [Messenger], Takvim, and Novi Behar requires, as Hilmo Neimarlija states, “deep

insight, reexamination and impugnment rather than cheap glorification. His contribution requires

critics who will properly understand and excel it through building of more dynamic Islamic opus

rather than praise it without a true comprehension.”5 Djozo’s thought follows the motto of “more

Islam, not less,” and for that reason, his thought looks insufficiently coherent, superficial, and

encouraging, without logical consistency, positivistic soundness, or meticulous scholarship.6

Djozo’s thought, however, cannot be observed only through his written works and words.

His progressive ideas and contributions to the Islamic revival in former Yugoslavia must be

understood through the effects and consequences Djozo caused; the institutions and newspapers

he initiated, or in many ways encouraged; the students whom he educated; and the large masses

of people whom through various religious manifestations he enlightened and delighted.

Neimarlija states in his description of the context and style of Djozo’s works that Djozo

was not writing in an ivory tower, in the shadow of the temple of pure ideas, or for a certain

sacred storehouse of indisputable thoughtful systems, sciences, and doctrines.7 He wrote the

majority of his texts in one breath without looking back, as his own existential and thoughtful

answer to the challenges of life.8 Djozo’s scholarship, objectives, ideas, solutions, and answers

are themselves as original and unique as the specific, and above all, complex circumstances in

which he acted and from which he originated. However, they are a mere backwater, which a

5
Hilmo Neimarlija, “Otvoreno djelo Huseina Djoze,” Glasnik 45 (1982), p. 242.
6
Ibid.
7
Ibid.
8
Ibid.

OCCASIONAL PAPERS ON RELIGION IN EASTERN EUROPE (DECEMBER 2018) XXXVIII, 5 58

native of Bosnia cut out, connecting his country with the sea of modern revivalist movements

across the Muslim world.

The following pages document some of Djozo’s ideas by analyzing him as a

commentator of the Qur’an, who, looking for various authors and their commentaries, found the

long-awaited solution for the important problem of his own people.

The Life of Husein Djozo

Husein Djozo was born in 1912 in a village of Bare not far from Goražde, a town in

southeast Bosnia. At the age of six. he was registered in mekteb (a traditional Islamic school for

children). A few years later, at the age of thirteen, he moved to the nearby town of Foča, where

he was enrolled in Mehmet-paša Kukavica madrasa. The madrasa educational system of his

time prepared students for the position of imam and teacher in religious education. After two

years in Foča, Djozo moved to Sarajevo and continued his education in the Merhemića and

Atmejdan madrasas. He graduated in 1933. After a yearlong break, he went to Cairo, the center

of Islamic learning, and studied at Al-Azhar University, where he graduated in Shariah law

studies. Upon his return from Cairo, he was appointed as the Arabic language instructor in

Okružna medresa in Sarajevo. A year later, Djozo moved to the office of Rais ul Ulama to be his

assistant in educational affairs.

The communist orientation of post-war Yugoslavia did not allow Djozo a significant

engagement in Islamic work through the officially recognized Islamic Community, so he was

forced to work in professions outside of his specialization, first in the leather industry, then as a

manager of city roads, and finally as a bookkeeper. Only in 1960 was Djozo brought back to the

Supreme Islamic Council, where he stayed for the next twenty-two years until his death in 1982.

OCCASIONAL PAPERS ON RELIGION IN EASTERN EUROPE (DECEMBER 2018) XXXVIII, 5 59

He performed numerous duties in the Islamic Community and initiated various activities. He was

the president of the Ulama (religious scholars) Association of Bosnia and Herzegovina (hereafter

B&H); founder and editor-in-chief of the Preporod newspaper; and initiator, founder, and

professor at the Islamic Theological Faculty (now Faculty of Islamic Sciences) in Sarajevo.

Djozo wrote hundreds of articles, essays, studies, and special editions mostly in his native

Bosnian language. Over a hundred of his essays were published in Glasnik journal, five articles

in Now Behar, four in El-Hidaje, two in Hrvat [Croat], 10 essays in Takvim, and over 100 in

Preporod. Some of his works were published in Arabic in Al-Arabi magazine and Sawt al-Islam.

The Ulama Association of B&H (Sarajevo, 1976) published some of his works in a collection

under the title Islam u vremenu [Contemporary Islam]. The Supreme Islamic Council published

Prijevod Kur’ana s komentarom [Translation of the Qur’an with Commentary] in three volumes

(one volume comprising a juz or 10 sheets of the Qur'an) in 1966–1967. The Islamic Theological

Faculty published Tefsir - tumačenje Kur’ana [Tafsir - Qur'anic Exegesis] scripts and handouts

in three volumes in 1982 and 1984 for its first, second, and fourth-year students. In Novi Pazar

{in the Sandžak area of Serbia], Mehmed Bećović and Džemo Mujović, in 1995, edited a

collection of Djozo's answers or rulings (fatwas) from the volumes of Glasnik and Preporod

issued during 1965–1979 and entitled Fetve - Pitanja i odgovori [Fatwas—Questions and

Answers]. The Srebrenik Municipal Council of Ulama Association of B&H published a similar

collection of these answers under the title Pitanja i odgovori - fetve u vremenu 1965–1977.9

9
The main bibliographical data is taken from: Mehmed Bećović and Džemo Mujović (eds), Husein Đozo, Fetve -
Pitanja i Odgovori (Bonn, Ismet Zejnelović, 1996), p. 9; Mustafa Hasani, “Biografija i bibliografija Husein ef.
Djoze,” in Život i Djelo Husein ef. Djoze, Collection of Articles from Symposium (Sarajevo: Fakultet islamskih
nauka, 1998), pp. 9–48.

OCCASIONAL PAPERS ON RELIGION IN EASTERN EUROPE (DECEMBER 2018) XXXVIII, 5 60

Husein Djozo and Modern Qur’anic Exegesis

To what extent Djozo was a rationalist and to what extent an idealist will probably be

indicated in a broader future study about this important scholar of the Balkans. For Djozo, the

advent of Islam means the beginning of the domination of reason. Islam entrusts reason to further

discover the world and life. Reason is the power which will technically work out general

Qur’anic principles, which are absolute and eternal, considering present circumstances, needs,

problems, and developmental abilities.10 According to Djozo, there is no place for doubt

regarding the success of this relationship. Brilliant successes in consistently working out and

implementing Qur’anic principles in the Muslim community during the first centuries proved

that. Following the successes of the first century was the era of decadence (taqlid) in which

Muslim thought became tightly confined within itself—passive, sterile, and isolated from time

and needs.

Encouraged by the reformist thought of Muhamad Abduhu, Rashid Rida, Jamaluddin

Afghani, Mustafa Maraghi, and other significant scholars who appeared at the beginning and

middle of the twentieth century, Djozo indicates the need for modern interpretation and exegesis

of the Qur’an,11 sharply criticizing the scholars who argued that previous commentators

(muffesirun) had a final word in Qur’anic exegesis and that there is nothing to add to it. 12 Djozo

evidences the baselessness of this assertion by logical and obvious proofs from daily life. The

way in which the Qur’anic message was perceived earlier in a certain moment in time and the

way it was implemented pertaining to particular circumstances and questions cannot be eternally

valid and applicable for all times. This idea is evidenced in such statements as “[the]

10
Husein Djozo, “Islam - Kur’an,” Glasnik VIS 35.7–8 (1972), p. 312.
11
See Husein Djozo, “Problem vjerske obnove,” Novi Behar 12.20–21 (1938–39) p. 233.
12
Husein Djozo, “Potreba i pokušaji savremene interpretacije i egzegeze Kur'anske misli,” in Kur’an u Savremenom
Dobu, pp. 51–52. Djozo mentioned here certain Nubahani according to whom “any attempt of new interpretation of
the Qur’an constitutes glaring deformation, or even negation (kufr) of Islamic belief.”

OCCASIONAL PAPERS ON RELIGION IN EASTERN EUROPE (DECEMBER 2018) XXXVIII, 5 61

inexhaustible meaning of the Word of God reveals itself gradually by development of life,”13 “all

the questions cannot be answered once forever,”14 “new questions are always appearing,”15 and

“the thought inspired by the Qur’an cannot be reduced only to theoretical contemplation without

substantial connection with life,”16 which can be found in numerous works that Djozo published.

Djozo hoped that the approach to the Qur’an he advocated would help Muslims re-

examine their contemporary state of affairs and help them to resolve pressing issues of modern

times. He believed that Islamic-taught individuals guided by the Qur’an always had to be in an

active relationship with life events. The Qur’an always had to reveal itself in the new ways of

implementation according to the needs and human abilities to understand and evaluate those

needs. It should never be closed into certain manifestations and understandings because it

represents exclusively the needs and possibilities of a particular moment.17 Djozo strongly

criticized all the ideas and teachings which lead to the isolation of Islamic thought, not sparing

even the great al-Ghazālī and his negative attitude toward worldly life.18

In his demand for a revival of Muslim understanding, Djozo argued that there is no

ijtihad (the process of making a legal decision by independent interpretation of the Qur’an and

the Sunna) without life, because Islam does not ignore this world by giving priority to the next

world.19 Although the emphasis is on the spiritual aspect of life, the material segment should not

13
Ibid, p. 55.
14
Tafsir al-Manar, p. 26, cited in J. J. G. Jansen, “Tumačenje Kur’ana Muhammeda Abduhua,” in Kur’an u
Savremenom Dobu, p. 476. Muhamad Abduhu, who is considered as a founder of the school of modern
hermeneutics of Qur’an and whose follower Đozo was, has in this context very interesting expression: “On the Day
of judgment God will not ask us about the ideas of commentators and how they understood the Qur’an, but will ask
us about His Book which He revealed to guide us and to give us enlightenment.”
15
Djozo, Tefsir IV (Sarajevo: Islamski Teološki Fakultet, 1984), p. 152.
16
Ibid, p. 154.
17
Djozo, “Potreba i pokušaji,” p. 54.
18
Djozo,“Jedno objašnjenje (Uz članak “Majka Isusova u Kur'anu i islamskoj tradiciji”),” Glasnik VIS 10.4–6
(1959), p. 159.
19
Djozo, Tefsir, IV, p. 154.

OCCASIONAL PAPERS ON RELIGION IN EASTERN EUROPE (DECEMBER 2018) XXXVIII, 5 62

be weak and powerless.20 This world is not just carrion eaten by dogs, as it is depicted by some

mutasawwifin (sufis). Material goods have their noble function. Without material goods, there

are no spiritual values. Without this world, there is no next world.21 Husein Djozo’s attitude

toward life and material goods in this world is significantly determined by the conditions in

which the Muslim world found itself at the beginning of the twentieth century. The Muslim

world was impoverished, colonized, and powerless to make major steps toward freeing itself

from such an unenviable position. Djozo’s thought was motivated in the same way as it was

thought by his exemplars: competent intellectual authorities in the field of revitalization and

orientation of Muslim thought, like Afghani, Abduhu, Maraghi, Shaltut, Iqbal, Rashid Rida, and

Mawdudi.22 Djozo understood that significant steps must be made in the region of former

Yugoslavia in order to secure material and spiritual superstructure of the Muslim population.

After his return from Cairo, the biggest Islamic scientific center of that time, Djozo was

concerned with the need for material support for Muslim institutions, especially the madrasa

(religious school),23 and to establish the Islamic Theological Faculty in Yugoslavia.24 “Only

through institutions can the reform of Muslim thought be achieved and consequently the

improvement of present conditions of Muslims in the area,” he wrote.25 Djozo hoped that such

institutions would, in an organized and well-planned manner, produce qualified scholars able to

properly understand the message of the Qur’an. In such specific circumstances, Djozo's fatwa for

collecting zakat and sadaqat al-fitr26 in the fund for the general needs of the Islamic

20
Ibid., p. 62.
21
Ibid.
22
Djozo, “Islam - Kur’an,” Glasnik, p. 137.
23
Djozo, “Akcija fonda Gazi Husrevbegove medrese,” Glasnik, 33.9–10 (1970), p. 433.
24
See “Pitanja i odgovori,” Glasnik 33.11–12 (1970), p. 606.
25
Djozo, Tefsir IV, p. 153.
26
Zakat and sadaqat al-fitr are mandatory religious alms in Islam.

OCCASIONAL PAPERS ON RELIGION IN EASTERN EUROPE (DECEMBER 2018) XXXVIII, 5 63

Community27 originated and came into reality, having a full theoretical framework and relatively

successful implementation.28

Fatwa29

Fatwa means answer and solution given by a mufti30 about a certain religious question.

Fatwa consists of two parts: question and answer. The concerning issue is clearly defined in a

question, so that the answer can be as short as possible. In the majority of such defined questions,

the answer comprises of only one word: “can” or “cannot.”31 In this way, Mehmed Handžić

defined fatwa when he wrote about some fatwas that originated and were implemented in

Yugoslav lands. Considering the fact that fatwa is an answer to a directed question and that is

issued by a mufti, it is hardly possible to say that Djozo’s opinion on the collection and

distribution of zakat and sadaqat al-/fitr, published in 1967 for the first time in Prijevod Kur’ana

s Komentarom, is a fatwa. At that time, Djozo was not a mufti but a superintendent for religious

and educational matters in the Supreme Islamic Council and, as it is indicated in the text in

Prijevod Kur’ana s Komentarom, nobody asked him about zakat and sadaqat-al-fitr.32 What he

wrote was in fact his personal opinion, which was not obligatory for other Muslims to follow and

27
The skins of animals sanctified for religious holiday Eid al-adha (The Feast of Sacrifice) also belong to this fund.
Two-thirds of the meat from animals slaughtered for the feast are usally donated to relatives and the poor, and only
one-third is retained by the person who made the sacrifice. It is impermissible to retain the skin of a sacrificed
animal—it should be given in charity. However, because of its small value (keeping in mind that mostly sheep and
goats were slaughtered) many people were throwing it away. These skins are mentioned in many places together
with zakat and sadaqat al-fitr to encourage its collection and submission to factories which will in return give many
for the needs of the Islamic Community.
28
Djozo, Prijevod Kur'ana s Komentarom, Volume 3 (Sarajevo: VIS u SFRJ, 1967), pp. 197–199.
29
Teufik Muftić, Arapsko- srpskohrvatski rječnik, Volume 2, (Sarajevo: Starješinstvo Islamske zajednice u Bosni i
Hercegovini, Hrvatskoj i Sloveniji, 1984), p. 2556. In the Arabic language, fatwa (futwa), pl. fatawin, fatawa -
(Shariah) legal opinion.
30
Mufti is a religious scholar appointed by religious authority to answer the questions of believers.
31
Handžić ‘Nekoliko fetvi naših muftija iz turske dobe,’ Kalendar Gajret, 1938 for a year 1939, p. 206. More about
fatwas and muftis in the Balkans see: M. Handžić, “Pitanja muftija,” Glasnik 2–3 (1936), p. 87.
32
In the same year (1967) when Đozo expressed his views regarding zakat and sadaqat al-fitr in Glasnik 5–6, pp.
248–249, Derviš Spahić disputed his opinion. Đozo directed him to the mentioned text in “Prijevod Kur’ana s
Komentarom.”

OCCASIONAL PAPERS ON RELIGION IN EASTERN EUROPE (DECEMBER 2018) XXXVIII, 5 64

did not have any notable influence on the religious life of the Muslim community in this area.

Only some time later, when the ulu-l-amr33—in this case the Supreme Islamic Council—

supported his opinion and his solution for collecting and distributing zakat, did this opinion

become a fatwa in the true meaning of the word. As such, it became obligatory for all Muslims in

the territory under the religious jurisdiction of the Supreme Islamic Council. If the above

definition of fatwa is followed, one should have a questioner who asked for an answer. However,

in this case, that is irrelevant because of the specific needs of the community at that time, that

will be discussed later on.

Let us now examine how Djozo viewed the collection and distribution of zakat and

sadaqat al-fitr in the given circumstances. Commenting on verses 261–274 of the second chapter

of the Qur’an, regarding the responsibility of donating material goods for the benefit of those in

need, Djozo says:

The Islamic Religious Community is under pressure to solve the problem of finding out a
new material basis. It is obvious that zakat and sadaqat al-fitr in this particular moment
give the great possibility for solution of this problem as a potential new income for
covering expenses of religious life. It would be a great sin and lack of any concern for
own survival, if these possibilities were not utilized. We think that giving zakat and
sadaqat al-fitr to fund the Islamic Religious Community is necessary and very beneficial.
Sadaqat al-fitr is given by the majority of the members of the Islamic Community. If
these allocations were channeled into the fund of the Islamic Community, it would make
up a significant amount of money from which majority of the Islamic Community
activities can be covered. This may seem quite unusual for many, and some scholars may
argue that this is impermissible and incorrect in Shariah (religious law). To all of them
we can say that giving of zakat and sadaqat al-fitr for these purposes is absolutely
permissible and even recommendable. We are of opinion that there is no better place for
allocating zakat and sadaqat al-fitr, than is the fund of the Islamic Community.34

33
According to Ibrahim Džananović, the majority of Djozo's answers are not mandatory because religious authority
(Ulu-l-amr) supported only a couple of his solutions. See Ibrahim Džananović, “Kratak osvrt na odgovore Husein ef.
Djozo in Život i Djelo Husein ef. Đoze, Collection of Articles from Symposium, p. 106.
34
Djozo, Prijevod Kur'ana s komentarom, pp. 197–198.

OCCASIONAL PAPERS ON RELIGION IN EASTERN EUROPE (DECEMBER 2018) XXXVIII, 5 65

After quoting verse 60 of the ninth chapter of the Qur’an, Djozo cites the views of Rashid Rida

about the category fi sabilillah (in the way of God), arguing that it is not only permissible but

also necessary and most rewarding in Islam to give zakat and sadaqat al-fitr to support religious

institutions. To prove that collection and distribution of religious alms is not a responsibility left

to the individual preferences, Djozo, in the same text, mentions the practice of the Prophet

Muhammad who, through his emissaries, collected alms and from that fund, sustained

institutions mentioned in the above verse. The collection of zakat and sadaqat al-fitr as well as

their distribution to specified funds, belongs to public responsibilities conducted by khalifah.35 In

answer to the question on the determination of priorities for the distribution of zakat and sadaqat

al-fitr in given circumstances, Djozo states: “It is obvious, clear and logical that determination of

priority of funds is public duty which can and must be performed only by public body. That body

here is Rais al-Ulama, because this person through manshura36 took charge of certain public

duties of khalifah.”37

It becomes clear from the above discussion that there are two important points related to

zakat and sadaqat al-fitr: collection and distribution. These two points are sometimes

commented on together, and Djozo cites justification from the tafsir for both of them. In other

situations, they are treated separately, or only one is mentioned because Djozo sometimes cites

arguments related to the centralized collection of zakat without specifying distribution into

categories mentioned in his fatwa.38 Further in his text, he mentions the practice of companions

35
The ruler of the Islamic state; literally the. successor (of Prophet Muhammed).
36
Manshura is the appointment by the sultan of religious leaders of provinces in the Ottoman empire. After the fall
of the khilafat in 1924, the Supreme Islamic Council took over the responsibility of conducting manshura.
37
Khalifah in Arabic literaly means successor or deputy but its technical meaning in Islam is religious and political
leader.
38
See, for example part of this paper where Prophetic tradition is treated.

OCCASIONAL PAPERS ON RELIGION IN EASTERN EUROPE (DECEMBER 2018) XXXVIII, 5 66

of the Messenger of God and some logical suppositions about funds mentioned in the sixtieth

verse of the ninth chapter, which are not actually relevant in this discussion.

As for his opinion of fatwa and its implementation, as well as sources and arguments that

Djozo mentions in many places, it is possible to note Djozo's self-correction, progression,

perfectionism, and further development. In the first versions of his work, he cites only the

Qur’an, Prophetic tradition, practices of the companions, and the views of Rashid Rida. In the

1976 text under the title “Značaj i šeriatska osnova akcije ubiranja i raspodjele zekata i sadekai

fitra” (The importance and Shari’ah basis of the collection and distribution of zakat and sadaqat-

al-fitr initiative), he mentioned no fewer than 17 sources.

The Circumstances in Which the Fatwa Were Issued

The financial situation in the Islamic community required a continuous source of income,

which would be justified in Shariah. The Islamic Religious Community in Bosnia and

Herzegovina with its administrative and educative institutions came to a very difficult situation.

Catastrophic consequences of the Second World War deeply wounded the Islamic Religious

Community. The devastation caused by the war deprived it of about 1,700 buildings—mosques,

schools, etc. After the war, nationalization and expropriation followed which did not spare the

waqfs (religious endowments) as the main source of income for the Islamic Religious

Community. In Bosnia and Herzegovina, this especially affected the only Islamic religious

institute, the Madrasa of Gazi Husrevbey. In 1968, this institution had a debt of 12 million

dinars, and in 1969, that debt had risen to 34 million dinars.39 Such a difficult financial situation

caused many to doubt the survival of the Madrasa whose closing would have unforeseeable

39
The proportion between the dinar and the German mark at that time was approximately 300 dinars for one mark.

OCCASIONAL PAPERS ON RELIGION IN EASTERN EUROPE (DECEMBER 2018) XXXVIII, 5 67

consequences for religious life in this area.40 The Islamic Religious Community was left to the

mercy of voluntary contributions by conscientious believers and financial support of the

“peoples’ government” in the form of annual donations to the Supreme and Republic Councils of

Islamic Community, imams of main mosques, and the ‘Ulama Associations.41

Djozo’s Opinion Becomes a Fatwa

As mentioned earlier, Djozo’s opinion was first published in Prijevod Kur’ana s

komentarom, Volume 3, and officially came into effect by the circular of Supreme Islamic

Council no. 2846/68 in which all the Republic Councils, and through them, all the Committees of

the Islamic Community, were asked to create a solid material basis for religious life. In the same

circular, the difficult situation of religious institutions and a need for securing salaries for

religious officials (imams) was emphasized. The accompanying request was to create the funds

in all committees of the Islamic Religious Community, whose sources would be zakat and

sadaqat-al-fitr in addition to voluntary contributions. In the following year, this decision was

already modified, and in the circular of the Supreme Islamic Council of the Islamic Religious

Community of Yugoslavia no. 2190/69 of 2 October 1969, the committees were requested to

collect zakat and sadaqat al-fitr for the needs of Gazi Husref begova madrasa. For this purpose,

special booklets with coupons were prepared and the imams were warned that if they did not

comply with this decision, they would face disciplinary action. After some time, the building

project of the Islamic Theological Faculty began and a portion of the collected funds was

channeled for that purpose.

40
Anonymous author, “Materijalna baza,” Glasnik 33.1–2 (1970), pp. 86–87.
41
Anonymous author, “Akcija za osnivanje fonda za izdržavanje Gazi Husrevbegove medrese i ostalih vjerskih i
vjersko-prosvjetnih potreba Islamske vjerske zajednice,” Glasnik 32.7–8 (1969), pp. 364–366.

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 One may note a certain degree of reshuffling regarding the organization of the collection

and distribution of zakat and sadaqat al-fitr. Initially, zakat was collected to secure solid material

basis for imams’ salaries; in the following year, it was collected for the needs of the madrasa,

and later on, it served for the construction of the Islamic Theological Faculty. The Gazi

Husrevbegova madrasa was the highest priority of the Islamic Community as the only remaining

middle Islamic school in BiH, for the training of imams whom the organization was very much

lacking at that time. When enough funds were collected to stabilize and further maintain the

work of the madrasa, the Muslim leadership directed their efforts towards the establishing of the

Islamic Theological Faculty. The Faculty opened its doors to students in September 1977.

From the meeting minutes of the representatives of the highest organs of the Islamic

Community in the SFRY, held in Sarajevo on July 15-16, 1976, it is understood that this action

in B&H has been completely successful, although it is emphasized that efforts should be made to

further develop this initiative in Macedonia, Serbia and Montenegro. It is also emphasized that

the special impetus of the progress of this action should be the inclusion of Alauddin Madrasa in

Prishtina Kosovo, which opened in 1962.

It is important to mention that at that time, a positive attitude prevailed in the intellectual

and administrative circles of the Islamic Religious Community regarding this fatwa. The most

prominent Islamic scholars of the region wrote and spoke about this fatwa and explained

ambiguities related to it.42 Zakat became a main topic in written works and discussions, and the

main question that was being answered.

42
To mention only a few: Dr. Ahmed Smajlović (Kur'anske osnove zekata), Dr. Jusuf Ramić (Razmišljanje na
relaciji namaz-zekat), Abdurahman Hukić (Neki aspekti rješenja zekata i sadekatulfitra i tehnike njihovog ubiranja),
etc.

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 However, although Djozo contributed the most on the theoretical level for this fatwa to

catch daylight, a very notable contribution in the administrative technical aspect came from Dr.

Ahmed Smajlović, who was at that time the president of the Supreme Council. Along with

Husein Djozo and some other advocates and activists, Smajlović was a primary participant in the

zakat and sadaqat al-fitr initiative.

Conclusion

The above discussion gives us insight in which specific circumstances Yugoslav Muslims

found themselves in during the second half of the twentieth century. The crisis of harsh treatment

of religious communities by the communist regime and expropriation of legacies that provided a

material base for religious activities in the country was countered by a strong intellectual

response, deeply rooted in original Islamic sources and scholarship. The theoretical framework

that Husein Djozo formulated and the Islamic Religious Community’s leadership provided not

only a solid material foundation for maintaining the religious life in the former Yugoslavia but

also paved the way for further intellectual advancement and progress, envisioned by this scholar.

Fifty years later, the fund of zakat and sadaqat al-fitr still represents the major source of income

across the Muslim communities in the Balkans. More than a dozen of religious institutions of

higher learning in the region are supported to various degrees through the funds of zakat and

sadaqat al-fitr.

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