Namaz na radnom mjestu: Pravni okvir u BiH i fikhska pravila
Performing Muslim Prayers in Work Place: the Legal Framework in Bosnia and the Rules of Islamic Jurisprudence

Summary/Abstract: The article examines the problem of freedom of religious expression in the work place with a focus on the clash between the work duties of Muslim employees and their religious requirement to perform daily prayers and the Friday prayer. It analyses the existing legal framework and the possibilities of accommodating daily prayers in work places or within working hours through the employer’s flexibility on the basis of the existing legal framework in Bosnia or through application of sharī’a dispensations. Based on the application of methods of textual analysis and of the comparative method, the basic results of the research into the topic are as follows: a) Bosnian labour laws do not contain concrete stipulations about the right to perform religious rituals in the work place/during work hours; b) the labour law stipulations about taking breaks during work hours may be used for performing prayers with the mutual agreement of the employer and the employee, c) when the Muslim employee is unable to perform the Friday prayer or the daily prayers, it is possible to apply juridical dispensation, i.e. dispensation from the duty of performing the Friday prayer in cases of need, joining prayers (jamʽ) and the rule of compensating the missed prayers (qaḍāʼ).

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