THE REGULATION FOR THE SHARIA COURTS OF 1859 AND THE DISTRICT QADIS OF THE SHARIA COURT IN MOSTAR

Abstract

Based upon relevant historical legal sources and accounts, this article reflects issues of the court reforms in the Ottoman era, that began with the Hatti Sharif in 1839 and are fully articulated in 1856 in Hatti Humayun. Hatti Humayun proclaims the equality of all the subjects of the Empire regardless of their faith, language or race. Subsequently, in 1859 the Regulation for the Sharia Courts was brought. This regulation brings the jurisdiction of the Sharia court down to the private issues of Muslims (marriage, family and inheritance) and the affairs of waqf. Austro-Hungarian government refers to the Hatti Humayun and verifies the Regulation for the Sharia Courts and their authority. Numerous district courts and with them district Sharia courts existed in the period of the Austro-Hungarian rule (1878-1918). Amongst these was the District Sharia Court of Mostar. In this article we presented profiles of following qadis and district sharia court internees in Mostar: Hajji Hafiz Hasan Hadziefendic, Abdullah ef. Doadzic, Naili ef. Uveis, Hilmi Ef.Hatibovic, Salih Ef. Demirovic, Salih Ef. Kurahovic, Hasim Ef. Mahic,Mehmed ef. Ugljen, Zaim ef. Muminagic, Ibrahim ef. Lemes, Smail Dadic, Kasim Sadikovic, Hafiz Asim ef. Hadzimehmedagic and Ahmet ef. Buturovic.