CONSTITUTION-MAKING PROCESS IS ESSENTIAL IN THE PROCEDURE OF IT’S CREATION AND AMENDMENTS

Abstract

The author here considers some of the positive and the negative experiences of the implementation of the existing Constitution of the Islamic Community on the level of the Majlis of the Islamic community of Sarajevo. In this regard the author suggests a change of the procedure of changing the Constitution by which the Assembly would have more prominent and more effective role, at the same time, he suggests a change of the article of the present Constitution that allows the change of the constitution by votes of less than a half of the total number of the members of the Assembly. Constitutional amendments should bring about higher degree of participation of jamaat in decision making at occasions like employing a new imam, and for employing, reshuffle or dismissal of the first imam, besides Reisu-l-ulama and the competent mufti, the executive board of majlis should also be consulted. With the purpose of making the procedure for electing Reisu-l-ulama, more democratic, the author proposes that the article 57 should be changed, so that electing body should correspond to the number of Muslims in each majlis. The amendment that defines the role of the deputy Reisu-l-ulama can be reformulated in a way that the counsellor for Sharia issues or an assistant for religious-educational affairs could also change Raisu-lulama when required.