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Imperial Gazette -1912
(Official translation as provided by
Language Services and Terminology
Federal Ministry of Economics and Labour-Vienna)
Imperial Gazette for the
Kingdoms and crown-lands represented in the Imperial Council
Year 1912, item LXVI, published and dispatched on this 9th of August, 1912
Law dated 15th July, 1912
referring to the recognition of the adherents of Islam according to the Hanafite rite as religious community
In agreement with both chambers of the Imperial Council I herewith order as follows:
The adherents of Islam shall be granted recognition as religious community in the kingdoms and crown-lands represented in the Imperial Council in the meaning of the Constitutional Law of 21st December, 1867, Imperial Gazette No 142, in particular article 15, under the following terms:
The external legal conditions of the adherents of Islam shall be regulated on the basis of an autonomous administration, due consideration being given to state supervision by way of ordinances once the foundation and existence of at least one religious community has been achieved. Particular attention shall be paid in this respect to the relations of the religious organisations of the adherents of Islam living within the country with those in Bosnia and Herzegovina. A religious community having been established, the creation of charity foundations for religious purposes of Islam shall be permitted.
In agreement with the Minister for Cultural Affairs also religious functionaries from Bosnia and Herzegovina shall be permitted to be appointed to the office of a religious servant.
If a disposition of the organiser of a religious service is, in the opinion of the government, contradictory to public considerations, such service may be prohibited.
A religious servant found guilty of a criminal offence or punishable act, committed for pecuniary benefits, in violation of morality, or constituting a public nuisance, or whose contact threatens to endanger public order, shall be removed from office.
The state authority shall see to it that the religious community of the adherents of Islam, their communities and organs do not exceed their scope of activities, meet the requirements of the law and of the envisaged ordinances on the external legal conditions of this religious community, and enforce the ordinances promulgated on this basis, apply fines tailored to their financial means and other legally admissible coercive measures.
The religious community of the adherents of Islam according to the Hanafite rite shall, both as regards the community as such and religious worship and religious servants, enjoy the same legal protection as is granted to other legally recognised religious communities.
The doctrines of Islam, its institutions and customs shall enjoy the same protection too, unless they are in contradiction to state law.
As regards marriage of the adherents of Islam and the keeping of the registers of births, marriages, and deaths, the provisions of the Law dated 9th April, 1870, Imperial Gazette No 51, shall remain in force.
Religious obligations in respect of marriage shall not be affected by these provisions.
A respective ordinance shall stipulate if and how religious servants of Islam may be employed to assist with the keeping of the registers of births, marriages, and deaths of their fellow believers.
My Minister for Cultural Affairs and Education, my Minister of the Interior, and my Minister of Justice shall be entrusted with the implementation of this law.
Bad Ischl, on this 16th of July 1912
Francis Joseph, m.p.