Country Profile: Bosnia and Herzegovina

This Country Profile provides a basic overview of the legal history and institutional structures of the Bosnia and Herzegovina (Bosna i Hercegovina), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under the Bosnia and Herzegovina’s Constitution, Islamic law (sharīʿa or fiqh) has no legal status.

Country Background

Bosnia and Herzegovina is located in Southeastern Europe bordering the Adriatic Sea and Croatia. The capital of Bosnia and Herzegovina is Sarajevo. The official languages are Bosnian, Croatian, and Serbian. The country’s population in 2016 was approximately 3.9 million. Bosnia and Herzegovina is a predominantly Muslim countrya legacy of nearly five centuries of Ottoman rulewith about 51% of the population Muslim, 31% Orthodox, and 15% Roman Catholic. Bosnia and Herzegovina is an observer state of the Organisation of Islamic Cooperation.

Constitution & Legal Structure

Bosnia and Herzegovina is referred to as a parliamentary republic, in which sovereignty belongs to the people and the Constitution is the supreme law of the land, adopted in 1995 as part of the Dayton Peace Accords. The system of government is based on principles of separation and checks and balances and has three branches: legislative, executive, and judicial.

Constitutional Status of Islamic Law

Islamic law has no constitutional status in Bosnia and Herzegovina.

Jurisdiction(s) of Islamic Law

Islamic law has no official jurisdiction of operation in Bosnia and Herzegovina.

Dominant School of Islamic Law

Bosnia and Herzegovina has no official school of Islamic law. Historically, most Muslims in the region followed to the Ḥanafī school, which was supported by the Ottomans. Islam in Bosnia and Herzegovina is less a matter of law than a sense of history, morality, and cultural identity.

Sources of Law for Legal Research

Official Publications

 Unofficial Databases

References:

For an extended list of legal resources for this country, see the Library of Congress’s Research Guide, and for a narrative review, see the GlobaLex Foreign Law Research Guide (most updated version, where available). The Constitution is available in the LOC Guide in its original language and at Constitute in English translation. For full versions of past constitutions, amendments, and related legislation, see HeinOnline World Constitutions Illustrated or Oxford Constitutions of the World [subscription required for each].