PROHIBITION OF SHARIA MARRIAGES WITH FOREIGN CITIZENS

Tokom agDuring the aggression on Bosnia and Herzegovina (1992–1995) instances were recorded of Sharia marriages between Bosniak women and foreign citizens who, due to war circumstances, arrived in Bosnia and Herzegovina with different intentions. These were marriages which were not registered with a competent state body or where even the full identity of the foreign citizen was insufficiently known. Sharia marriages entered in such a way and in such circumstances carried certain risks and could be dangerous for marital, mental and overall life security of women and, consequently, of children which would be born in such a marriage. First of all, in war circumstances, it extremely increased the possibility of various manipulations, complete neglect of marital duties, abrupt abandonment of matrimony, permanent departure of the foreign citizen etc.

With the aim of preventing negative consequences and protecting the integrity of the institution of marriage and women's dignity, on 7 October 1994 the Riyasat of the Islamic Community issued the decision of the prohibition of entering a Sharia wedlock with a foreign citizen without previous registration of the marriage with the competent state body. The decision, which was signed by raisu-l-ulama Mustafa Cerić, PhD, was delivered to all muftis and imams.

The decision says as follows: “Based on the conclusion of the session of the Riyasat of the Islamic Community in RBiH, held in Sarajevo on 3 and 4 October 1994, and pertaining to Sharia marriages between Bosniak women and foreign citizens: Sharia marriages between Bosniak women and foreign citizens are prohibited unless the marriage is previously registered with a competent state institution and the interested parties submit valid documents as the evidence of the registration.

Muftis are bound to advise all imams in their district on this prohibition and the latter are bound to comply with it. The officer of the Islamic Community who breaks this decision of the Riyasat of the Islamic Community shall be subject to the strictest disciplinary measures.”

References:

• Glasnik Rijaseta Islamske zajednice u Republici Bosni i Hercegovini, no. 4-6, July-December, year LVI/94, p. 295.