Legal and sociological aspects of the institution of the vakuf; wills

With particular regard to its development in Bosnia and Herzegovina

Abstract

Giving a summary review of the legal developments of the institution of vakufs in Bosnia and Hercegovina, the author tries to determine the legal and social status of this institution today.
The author sees the social root of the vakuf phenomena in the Doctrine of the Kur'an, which orders believers to be religious and to do good deeds. Piety in Islam must be active and its material realisation is to be found in establishment institutions, with the purpose of builiding and maintaining religious, educational and similar buildings.

On the other hand the obligation to do good deeds is a basic principle of Islamic social doctrine, which through solidarity and mutual help solves the basic problems of Islamic society. In this view the vakuf appears to be an institution for the organized fullfilment of good deeds.
At the end the author points out certain peculiarities of the institution of the vakuf in Bosna and Hercegovina.