THE RECOGNITION OF ISLAM IN THE HUNGARIAN LAW OF 1916 ( XVII ): DOCUMENTS FROM THE VATICAN ARCHIVES 1

This article aims to reconstruct the reception of Act XVII adopted by the Hungarian Parliament in 1916, which brought about the legal recognition of Islam, from the stance of the Holy See of Rome. The research is based on archival material preserved at the Vatican Archives, namely letters exchanged between the Nunziature of Vienna and the Holy See, which are published and translated here. The presenta-tion of so far unpublished material provides an opportunity to follow the growing understanding of the contents and background of this law; the key points of interest of the Catholic Church in this matter are identi ﬁ ed; while lexical references seek to shed light on the perceptions of Islam.


Introduction
In 2016, intense scholarly activity commemorated the offi cial legal recognition of Islam in Hungary, on the centenary of the so-called 1916 Islam law. Conferences were organized 2 on the history and the signifi cance of the law from a variety of approaches; and a great proportion of the proceedings was published. Some studies elaborated on the perception of and attitudes to Islam, especially general trends, in the beginning of the 20 th century in Hungary, but, to the best of my knowledge, the reactions of the Catholic Church to the emergence of the proposition and the actual proclamation have not been presented in detail so far. (E.g. Köbel -Tóth 2017) After introducing briefl y the context in which the bill was prepared and passed, this article aims to reconstruct attitudes towards and anxieties concerning the law, based on archival material preserved at the Vatican Archives, namely through letters exchanged between the Nunziature of Vienna and the Holy See, which are published here in a transcribed and translated form. 3 I consulted the following fonds: The material is divided according to geographical regions, and then further organized chronologically and thematically. I found relevant material in the following section: Periodo iii. Pio X Benedetto XV (1903-1922, and in the following fascicles.
Austria In the following, key points and recurring ideas of the relevant documents will be identifi ed, and where pertinent, commented upon.

Context
In 1855, the Monarchy signed a Concordat with the Holy See which accorded to the Catholic Church the status of state church. In 1859, an Imperial Patent equalized the legal status of Evangelical churches with that of the Catholic Church, and after the Austro-Prussian war of 1866, King Franz Joseph, having to unify the Monarchy, deprived the Catholic Church of its status of state religion, notably by the Law of 1868, which proclaimed the equality of all religions in Hungary. (Staničić 2014:226-228.) Thus, in the second half of the age of Dualism, in Hungary, the system of the State Church was terminated, however, the institutions of state and church were not separated. The history of modern Hungarian state/civilian/ecclesiastical law started with the church policy acts of 1894-95. Among these, Article XLIII of 1895 was an intermediary solution, working out the system of a three-phase coordination of denominations: cases that concerned more than one party were synchronized on the level of execution; and canon law divided churches and denominations into three categories. The 'accepted/ established denominations' ("bevett felekezetek") or religiones receptae worked closely together with the state, had privileges, and received material, political, legal and moral support from the state. The 'recognised denominations' ("elismert felekezetek") or religions licitae/recognitae had freedom, full civil rights but no privileges, i.e did not receive state support. The tolerated or not recognized religions ("el nem ismert/tűrt felekezetek") could operate as associations according to the right of association and assembly in force. This system worked well and was put out of force only by article XXXIII of 1947. (Csiziné Schlosser 2010Stipta 2017:23) In the territory of Hungary and in the age of Dualism, the adherents of Islam could freely confess and follow their religion according to article XLIII of 1895 and could openly express and practice it within the limitations of the law. They were not referred to in the legislation concerning the religious education of children, nor were they accorded any defence for their religious rituals, places of worship, clergy or religious objects that penal law provided for recognized denominations. Finally, they had no organization acknowledged by the state. As the Committee of Public Instruction of the House of Representatives noted in 1916, in Hungary, adherents of Islam had only the restricted freedom or toleration of their religion. The 1895 article on churches and the freedom of religion discussed the conditions of acquiring the status of legal recognition. Accordingly, a denomination aspiring for recognition needed to submit its doctrines, organizational and operational rules for approval to the Minister of Culture and Education in writing. If these were not found to go counter to the prevailing laws and did not violate public morality, then the only remaining condition for legal acknowledgement was that the denomination should have an operating community in the territory of Hungary. (Hamza 2016:22;Stipta 2017:24-25.) The Islam issue emerged in discussions over the destiny of Bosnia-Herzegovina during the Congress of Berlin (1878), which decided that it should belong to the Austrian-Hungarian Monarchy. The Austro-Hungarian authorities guaranteed conditions that led to the preservation of the Muslim population and put into practice the regulations concerning the equality of religions laid down in the treaty of Berlin and its accompanying agreements. However, neither the occupation, nor the annexation of 1908 which rendered this relationship even tighter, resulted in any relevant modifi cations of Hungarian law. Given that Bosnia-Herzegovina did not become a part of the Kingdom of Hungary, it was not necessary. The necessity for state level regulation of Islam arose through a contradiction. In the part of the country that belonged to the Monarchy, the ruler gave a resolution on 17 th February 1910 that guaranteed the freedom of Islam. According to §8 of the provincial municipal regulations made according to the decision of the Head of State, in the annexed territory, Islam was a legally recognized religion, and, what is more, became one of the main denominations which enjoyed political prerogatives. After this point, the followers of Islam in Hungary, as far as their religious rights were concerned, came to be in a discriminated position in comparison to other citizens who belonged to one of the established or recognized denominations. (Bolek 2017:38;Hamza 2016:20;Krešić 2009:366;Lederer 1988:30;Stipta 2017:25-26;Molodikova 2011:224) This tension was further exacerbated by the fact that two years later in Austria the opposition was levelled between the annexed territories and the Western part of the Monarchy by legally recognizing the Hanafi te rite of Islam (cf. the Austrian Act on the Recognition of Islam according to the Hanefi Ritual as a Religious Society) adopted by the Imperial Diet of 1912, on 15 th July, in an imperial law. This Act came into force in the Austrian part of the Monarchy which included Istria and Dalmatia -Croatian territories whose annexation had been confi rmed by the Austro-Hungarian Compromise of 1867. Instead of simply acknowledging the new 'Religionsgesellschaft', which met the existing conditions, through administrative channels by a decree to be issued by the Minister of Culture, a separate bill was formulated with respect to the specifi c characteristics of 'Muhammadanism' and its importance in universal history. After formulating the bill, certain reservations were expressed on the Austrian side with the upper house of legislation claiming that the moral and legal teachings of the Quran contained elements that contradicted the principles of Christian European civilization. However, they declared, there was nothing to worry about: if Muslims came under state rule, these provisions would become invalidated. According to the Austrian bill, only those doctrines, institutions and practices were to enjoy state protection that were not contrary to the laws of that state. (Bolek 2017:39-40;Krešić 2009:366;Stipta 2017:26-27.) The legal recognition of Islam on the part of Hungary was not simply motivated by the state's commitment to religious freedom, or a neigbourly sentiment towards Islam. In justifying the bill, emphasis was laid on the notion of Turkish-Hungarian brotherhood in arms -WWI positioned Turkey and the Austro-Hungarian Monarchy on the same side as allies. Before the war, Turkey and the Monarchy had fought for shared aims, in alliance; after the Conciliation, the problems of the Balkans were of importance for the leaders of Hungarian politics and for public opinion. Hungarian foreign policy did not consider the declining Ottoman Empire as a threat anymore. This place was taken by the Russian Tsar and the small nations that followed the same religion, and whose nationalisms were supported by the Tzar. So, confl icts with the Turkish empire had ended. On the one hand, Turks engaged with Russia, neutralizing the enemy troops to a large extent; on the other hand, Turkish soldiers often participated in the battles of the Monarchy. Thus the law was also meant to serve as a gesture and came to be the centre of attention of Turkish offi cial circles, and the debate of the bill was supervised personally by several members of the Budapest Turkish community. (Hamza 2016:21-22;Stipta 2017:27;Szalai 2010:593-595;Lederer 1988:30, 38) This was a period when a positive and friendly attitude began to emerge towards the Turkish nation and "Muhammadanism" in Hungary's public opinion and intellectual circles. The ideology known as Romantic Hungarian Nationalism, which focused on the idea known as pan-Turanism at the turn of the century, was among the factors that contributed to the strengthening of relations with Turkey. This Hungaro-Turkic relationship (a supposed blood relation and the idea of the Turkish origin of the Hungarian language) was not only a political Turanism. Although the Finno-Ugric theory eventually came to dominate the offi cial Hungarian scholarly circles, those ethnographical and linguistic theories that proposed the shared origin of the Hungarians and the Turks in Turan have also always had supporters among scholars such as Lajos Ligeti, Zoltán Gombocz or Gyula Németh. Reference was also made to the eventual frequent future relationship with Turks as part of the justifi cation for the law. (Stipta 2017:27-28;Szalai 2010:593-595) Directly before the preparation of the bill -after the annexation of Bosnia-Hercegovina -the number of Muslims in Hungary was increasing. In the Monarchy, the number of the Muslims grew by 500-600 thousand (according to the 1910 census, this was the number of Muslims living in Bosnia-Hercegovina). This territorial enlargement in 1908 led to the beginning of the immigration of Muslims into Hungary. In 1910, the census resulted in the evincing of 553 Muslim inhabitants in Hungary, most of whom were Bosnian soldiers serving in the army of the Monarchy and staying in Hungary. 4 At the beginning of WWI, there were cca. 2000 Muslims in Budapest, some of whom were soldiers, too, but also Turkish craftsmen and Albanese artisans. The isle of Ada Kali that had formally been under Turkish sovereignty was annexed to Hungary in 1913, which increased this number by a further 500 new members. In 1916, there were 4000 Muslims in the whole of Hungary -coming mostly from the Balkans, including a small Turkish group of 300. In spite of the fact that this infl ow of migrants was relatively small, discussions emerged about the place of Islam in Hungary, as the Hungarian law was not in fact developed in the context of a multireligious community. In order to fi nd a solution, the Hungarian Parliament adopted Act XVII of 1916 which acknowledged Islam as a "recognized religion". (Bolek 2017:42;Molodikova 2011:224;N. Rózsa 2010:426;Stipta 2017:28-29;Szalai 2010:594-595.) When enumerating the factors that contributed to positive attitudes towards Muslims, we may take into consideration that the governor of Bosnia-Hercegovina, Béni Kállai, joint Minister of Finance, depended mostly on the Muslim aristocracy in opposition to the Orthodox elite -who sympathised with the Serbs. Parallel to this, certain interest groups in the Hungarian economiy envisioned an encouraging perspective in the development of Hungarian-Bosnian economic relations, and founded the Hungarian-Bosnian-Hercegovinan Economic Centre (Magyar-Bosnyák-Hercegovinai Gazdasági Központ). The leading circles of Bosnian-Hercegovinan Muslims handed in a petition to the Centre that urged the legal settlement of the position of Islam in Hungary. Due to this initiative, the Centre published a proposal, written by Géza Magyary and addressed to the Hungarian government, which urged the legalization of the religion of Islamtaking into consideration especially the relations with Bosnia-Herzegovina, rather than the Muslims of Hungary. (Bolek 2017: 38-41;Lederer 1988:34;Szalai 2010:595) 5 It was in this atmosphere that in November 1915 the Minister of Culture and Education, Béla Jankovich (1865-1939) submitted a bill, with the consent of the King, concerning the legalization of the "Muhammadan" religion in Hungary. The bill corresponded to the law that had been passed in 1912 in Austria with the scope of legally settling the situation of Islam in Bosnia-Herzegovina, but needed to take into consideration specifi c Hungarian circumstances -given that the Austrian Constitution did not contain the specifi c institution of religiones receptae, (accepted religions, "bevett vallások"). The law was made public on 30 th March 1916, and declared the religion of Islam legally recognized even before any specifi c community could request this offi cially. (Szalai 2010:597;Hamza 2016:22) The preliminaries, the law, and reactions to it in the documents of the Vatican Archives Before the sanctioning of the law, a letter dated to 30 th November 1915 and written by Raff ael e Scapinelli di Leguigno, Apostoli c Nuncio to Vienna (1912-15)  Among other considerations, its consequences are to be noted, namely that as soon as the Muhammadan religion is recognized by law, conversion to that religion from the Christian faith also becomes permitted, which would be extremely harmful to the Christian community. In addition to this, any possible conversion of any person from the false Muhammadan religion to Catholicism will be subject to restrictions and impendiments by which, in Hungary, transition from one religion to another is bound in the case of the recognized religions. Your Eminence will certainly take care that if it is possible, this law should be not proposed or promoted, or, at least, that it should occur with the least harm and off ense to the Catholic religion, Christian morals and opinions concerning conversion." 6 As this fi rst letter already indicates, a major concern throughout the correspondence was and continued to be the issue of conversion. On the one hand, conversion to Islam as a recognized religion would have been legally possible, while the conversion to Catholicism from such a religion would have been more restricted in comparison to prior circumstances. The law is presented as unjustifi ed and groundless, as if its only possible justifi cation could have been to provide adequately for social needs. This concern can also be noted in the closing lines, where the Primate is invited to seek to obstruct the sanctioning of such a law (si possibile fi at, haec lex non proponatur aut admovetur), which would be harmful to Christians.
The use of phraseology is particular, as we can see in the fi rst passage, in the case of the "Muhammadan cult" (cultus mohamedanus). Though there was already awareness of the inappropriacy of this name, 7 the proper form "Muslim" (musulmanus/a) can rarely be found in the correspondence. The letter also dubs it a "false sect" (falsa secta), which shows the attitude of the church in face of such a challenge. The possible equality of rights is considered to be "not a slight injustice" (iniuria non levis), which implies a concern that the interests of the Church might be wronged. The form is repeated once again in connection with the possible conversions that would be "very harmful to the Christian community" (societate Christiana valde iniuriosum). Falsity and "Muhammadan" are combined in another instance later, where instead of "sect" the "false Muhammadan religion" (falsa religio mohamedana) is mentioned; and in the closing lines, the idea of damage and off ense that would threaten the Catholic religion, Christian morals and liberty (cum minori danno et off ensione catholicae religionis christianorum morum et libertatis) is expressed.
The second letter -another one written by the Nuncio to the Primate -is still dated prior to the sanction ( 8/December/1915), thus attesting to the expectations and worries related to the issue. "I have received the most honored letters of your most venerable Eminency, from which [I learnt] that the Hungarian government cannot be dissuaded from proposing the law on the recognition of the Muhammadan cult. It is regrettable, indeed almost a disgrace, that Christian legislation be "infl icted" based on political motives. Hope is to be fostered that no [cases of] Christian apostasy should happen, but, on the other hand, care should be taken that the liberty of conversion from Muhammadanism to Catholicism should not be threatened by the new law -neither through bureaucratic diffi culties and formalities, nor concerning the prescribed age, etc. In Austria, the age of 14 years, in Hungary and Croatia that of 18 years is required as a minimum in case of a wish to convert. In Turkey, having reached adolescence is the only requirement for conversion, and according to the "mecelle", 8 boys between 12-15 years and girls between 9-15 years are considered as adolescents (baliq). 9 This way it will be possible -without any injustice towards the Turks -for the Hungarian law also to permit free conversion from that age on. Setting an age for conversion is always an unjust limitation of the freedom that comes from the natural law of embracing the true religion as soon as one should recognize it as such, even at a tender age, but care should be taken that such limitation should be reduced to the minimum. I can also confi dentially say to Your Eminency that in the proposition of the new law which is prepared for Bosnia and Herzegovina, according to the aforementioned criteria, the minimum age for conversion is set at 15 years, but for married women conversion is permitted even before this age. So that bureaucratic formalities are simplifi ed. If anything can be done concerning this for the benefi t of [our] religion, Your Eminency will certainly take care of it. Perhaps this might also be reduced to 14, as in Austria." 10 This letter displays the same attitude and and the same concerns; however, more practical considerations and possible solutions may also be discerned, as this document refl ects a later state of the matter. Conversion from and to Catholicism are the most important questions, and the proposals given mostly turn around these issues. There is a surprising awareness concerning some details (mecelle, even the term used in it for puberty, etc), which stands in contrast with the general use of terms and (incorrect) names visible in other instances.
The intention of obstructing the sanction of the law is corroborated (novi gubernium hungaricum moveri non posse ad retractandam propositionem legis de receptione mahumedani cultus), but, taking note of its impossibility, the Nuncio moves on to work out solutions. Words like "regrettable" (dolendum) and "disgrace" (dedecus) are used in the evaluation of the situation, while also an interpretation, that of presuming the political motivations in the background (motivis politicis) is expressed.
Turning to the question of conversion, the use of phraseology demonstrates the underlying concern: while conversion from Catholicism to Islam is dubbed "apostasy" (apostasiae christianorum), it is important to secure that the "liberty of conversion from Muhammadanism to Catholicism" not be threatened (libertas conversionis ex mahumetanismo ad catholicam religionem […] non minuatur). The same bias is expressed when the age of conversion is considered: while no Catholic should be able to leave his/her religion before the age of 14/18, an eff ort is made to demonstrate that it would not be unjust to set a lower age limit for Muslims for possible conversions to Catholicism.
The choice of the word to refer to the Muslim community in the phrase "it would not be unjust for Turks" (absque iniuria pro Turcis) might, on the one hand, be interpreted as an awareness of the motivation that the Hungarian legal recognition is in a great part a gesture towards the Turkish ally, but, on the other, such ways of expression show vagueness: as if all Muslims (who are also here referred to with the word Muhammadan) were Turkish.

The Law
The fi rst document in the correspondence to contain printed material (in German) is Gesetzartikel XVII betreff end die Anerkennung der islamitischen Religion -Legal Article XVII regarding the recognition of the Islamic religion. 11 This document is the German version of the Law 12 which was quickly sent by the Nunziature of Vienna to the Segreteria. A similar document, a handwritten version in Italian, may be found with the title: "Progetto di legge riguardante il riconoscimento della religione islamistica. In the corner, another hand adds the information: fu approvata feb 16, ammendata 24 marzo 1916 Ungheria, i.e. that it was accepted on 16 th February and then amended on 24 th March. 13 Finally, we can fi nd a small piece of paper that contains only §4 in French -which accords with the wording of the previously seen, Italian version. 14 All three versions were sent by the Nunziatura. The variety of copies and the use of diff erent translations demonstrate the great interest and the seeking for and giving of information on the bill -even in an international framework. We may stop here and introduce the contents of the law on the basis of the Hungarian text. §1 The religion of Islam is declared to be a legally recognized religion. 15 Hungarian legislation supported the recognition, but it needed to be decided whom the regulation was to include. Austria in its 1912 law had taken into consideration only the followers of the Hanafi rite who made up 96 % of the Muslim population of Bosnia-Herzegovina, but the Hungarian law did not limit itself to a single rite. As there was no formally established Islamic denomination in Hungary at the time, a decree could be eff ectuated only concerning the religion and the securing of the conditions for founding a community. Corresponding decrees were recorded in a separate law also in the partner countries, i.e. the law of 27 th April 1916 on the legal recognition of Islam in Croatia-Slavonia. (Köbel 2016:489-99;Stipta 2017:32-33.) §2 In order to formulate a denomination for the followers of the Muhammadan religion, it is not necessary to present the rules concerning doctrinal and moral teachings, worship and any other ritual, these will not undergo investigation at the approval of institutional regulation that includes the rest of the measures concerning religious life 16 This paragraph provided exemption form the 2 nd point of § 7 of 1895/ XLIII, i.e. the legal declaration of the recognition of the religion of Islam gave an opportunity for the government to approve the founding of a denomination without examining the dogmas of the religion during the course of approval. (Stipta 2017:33-34) §3 The Hungarian Muhammadan denomination, with the approval of the Minister of Culture and Education, may maintain connection with the legal organization of the followers of the Muhammadan religion in Bosnia and Herzegovina. Individuals whose qualifi cation meets the requirements of such positions may become pastors, parochial magistrates or members of a higher representative body with the approval of the Minister of Culture and Education. Further, pastors may be employed even before the foundation of the fi rst congregation, if they can be provided with a livelihood worthy of their position. 17 This paragraph gave further concessions for the sake of establishing a local congregation, i.e. to enable the Hungarian organization of the Muslim denomination to remain connected to the legal organisation of the Muslims of Bosnia-Herzegovina. It resolved the contradiction between the institution of the foreign caliphate and § 17 of 1895/XLIII which declared that no individual or authority outside the Hungarian State could be head of a Hungarian congregation, and that no congregation could depend on a foreign authority, denominational association, or individual. (Stipta 2017:34) § 4 The practice of the religion of Islam, as well as its doctrines, teachings and institutions, within the limits of the laws in force, receive the legal protection due to legally recognized religions. In other respects, such laws are applicable to the Muhammadan denomination as concern legally recognized denominations. Eventual further necessary diff erences will be established by the regulation of the ministry. 18 The fi rst phrase states that the practice, teachings, and institutions of Islam are entitled to legal protection within the limits of the "laws in force", which in turn guaranteed the protection of the Hungarian laws and moral system. The regulations that generally refer to the legally recognized denominations were also applicable to the Muslim denomination, while any possible diff erences were to be regulated by decrees of the Ministry. (Stipta 2017:35) § 5 The law comes into force on the day of its proclamation and is executed by the Minister of Culture and Education, the Minister of the Interior, and the Minister of Justice. 19

Perceptions and Reactions
Turning back to the archival documents, several letters were exchanged in the matter. This letter does not refer to the Hungarian law, but, as mentioned above, given that corresponding decrees were also recorded in a separate law in the partner countries, this letter is more a refl ection on the subsequent law of 27 th April 1916 on the legal recognition of Islam in Croatia-Slavonia. It is nevertheless pertinent to our argument, since the general context and the relfections on the passing of the law are similar, and we could also read the explicit reference to Hungary, where the law was passed "due to political reasons" (lex in Hungaria ob politicas rationes condita nuper sit).
As time passed, more and more became known about the law, e.g., as we may read above, that no eff orts were made to render the status of Islam and Catholicism equal. The reference to Judaism makes it clear that equality between two recognized religions/denominations was possible, but that Islam, as well as Judaism, was not going to be an established faith. Leaving Catholicism in order to convert to Islam was not possible, just as it had not been possible before to convert from Catholicism to Judaism (non es fas transire).
Based on the paucity of Muslims, the letter argues that there was no necessity for the formulation of the law, which in this case must have been intended to serve political purposes. It is worth noting the fact that the archbishop found it useless to try to protest, as well as his decision to resort to passive resistance and to presuade others to follow suit.
The letter written by Card. Scapinelli, by that time Pro-Nuncio, sent from Wien, which arrived at the See on 17 th March 191 6, reads as follows: The Legislative Chambers of Hungary and Croatia have approved the Act on the Recognition of the Muslim cult already in force in Bosnia-Herzegovina and Austria. Having at the time called the attention of the Cardinal Primate and the Archbishop of Zagrabia to this plan, they have replied to me that it was impossible to prevent the approval which was desired due to political reasons: after all, the practical consequences are almost nil, both because of the small number of Muslims in these countries, and of limited rights related to this recognition. 22 This account was written in an unbiased tone as far as the events are concerned (approval of the act, entering into force). Scapinelli's contacting the Primate of Hungary and the Archbishop of 'Zagrabia' is recalled, indicating the previous concerns with respect to the formulation of the bill -as it is indicated in the question of the possibility of preventing the approval.
The answer, written by Pietro Gasparri, Cardinal Secretary of State (1914-30) to the Apostolic Pro-Nuncio, Card. Scapinelli in Wien, is a transcription of a ciphertext. The date is 19 th March 1916, only three days after the arrival of Card. Scapinelli's letter, and such a quick response attests to the importance of the matter.
I have received your ciphertext of the 16 th of the current month, on the approval given by the Hungarian and Croatian legislative chambers to the draft law on the recognition of the Muslim cult. It seems necessary (It is required) to present this Government with an appropriate and prudent protest. Therefore, I entreat Your Eminence to do this in the manner and in the form that will be most convenient. 23 The tone of the fi rst part is objective, being a simple acknowledgement of the situation. The use of the name: "culto musulmano", Muslim cult, is also more accurate than the previously seen predominant "Muhammadan" form. However, in the second part, the telling use of phrases indicates the objection to the developments: e.g. as fi rst written: "occorre", 'it is required', which is then crossed out and refi ned to "sembra necessario", 'it seems necessary' to present an appropriate and prudent protest, "opportune e prudente protesta". The Holy See seeks to express its objections to the law Even after its entering into force. Gasparri only articulates his desire for such an objection to be voiced, but leaves the details to be fi gured out by the Pro-Nunzio who can judge what is most proper and con-venient under the given circumstances ("nel modo e nella forma che stimerà più conveniente").
The next letter, dated Zagrab, 25 th March 191 6, and written by A. Bauer to the Apostolic Nuncio on the law, attests to the fact that the law, at the time of its sanctioning, attracted attention.
"It is my honor to transmit to your Most Revered Eminence the requested original text of the new law on the recognition of the Muhammadan cult as an attachment -with a Latin translation. I [shall] not fail to remark again that with us, conversion from the Christian religion to a non-Christian cult is prohibited due to the indeletable character of the s. baptism, which is acknowledged by the law." 24 The repeated usage of the form "Muhammadan cult" in contrast to "Christian religion" is seen to form a pattern. The act of sending the text of the law itself refl ects genuine intetrest on behalf of the Nunciature, while the striving for accuracy in transmitting information is seen in the fact that alongside the original German text its Latin translation is also attached, ascertaining that the recipient should consult it in detail. The question of conversion is still central, but confi rmation is given that from Christianity to non-Christianity it is legally impossible. The use of the word "transition" for leaving Christianity for a non-Christian religion or "cult" is noteworthy, and its usage referring to the outward direction in changing one's religious affi liation is also pattern-like, especially when contrasted to the use of the word "conversion" when an inward change is indicated.
Apart from contacting each other, members of the diplomacy of the Holy See also contacted politicians. One example of this is the letter written by Card. Scapinelli (Pro-Nuncio) to Card. Gasparri:.
"I have talked [to the] Foreign Minister on the law recognizing the Turkish religion in Hungary and Croatia. According to him, these laws must be considered as directed to/aiming to regulate merely the civil status of the Muslim religion in the Monarchy. I think it will certainly be sanctioned by the Emperor." 25 This letter, written and sent shortly after the passing of the bill, further attests to the interest in the law, as well as to the gravity of the issue, given that the Foreign Minister is involved. Here we witness the intention to give a favourable and relieving interpretation to the law, namely that it is a mere administrative regulation. As for the use of lexicon, two expressions refer to Islam; and while one of them is seen to be accurate: religione musulmana, according Islam the status of a religion and using a derivative, Muslim, for the reference, the other, religione turca, is incorrect and anachronistic, being characteristic of the Late Middle Ages and Early Modernity, where 'Muslim' was interchangeable with 'Turk'. A possible justifi cation for its occurrence might be the consideration of the legal acceptance of Islam as the religion practiced in Turkey.
Shortly after the previous letter, Card. Pro-Nuncio Scapinelli also went on to write to the Archbishop of Zagrab. In the upper right corner of this draft, a short comment written in pencil signals the primary concern of the letter, "Maometanisme Croatia". "I give many thanks for the transmission of the text of the law concerning the Muhammadan cult. I should be grateful if your eminency could indicate if this law has received the sanction of His Majesty, or when it should undergo such sanction. In addition, I most politely ask Your Eminence about the following question, namely, wether in the future the force of this law ( § 3) may be posed in the administrative norms so that the liberty of conversion from Muhammadanism to the Catholic religion be permitted even [at/before] the age of 18 years, especially in cases where both parents convert, or agree that their sons who have not yet reached 18 years could convert." 26 In less than a week, Card. Pro-Nuncio Scapinelli is seen responding to the Archbishop of Zagrab. His concise and specifi c letter shows that he had studied thoroughy the paragraphs of the text of the law sent by the Archbishop. Great interest is expressed in the date when sanction is expected. The central concern is the possible act of conversion from Islam to Catholicism, and speculation on possible arrangements that would be advantageous for the latter, facilitating the transition. The form cultum mahomedanum appears in this letter, too, as well as the form conversionis a mahomedanismo ac religionem catholicam, where Catholicism is a religion, and the direction of the change of affi liation is indicated by the word 'conversion'.
The letter written by the Hungarian Primate to Card. Scapinelli on 2 nd April 1916 is a response to a letter by the Cardinal written only a day or two before. The long and detailed answer demonstrates that the issue was still attracting attention, and provoked some worries, which, however, are sought to be dismissed in the following lines.
"Responding to the esteemed letters of Your Eminence that are dated the 1 st of the current month, I hurry to inform Your Eminence that the law regarding the acceptance of the Muhammadan cult has already been furnished with sanctioning by the court and is offi cially confi rmed. On the other hand, with regard to conversions and receptions, the law mentioned above has not stated anything new compared to the above, but has extended the legal norms that had been in force so far concerning the conversions of all accepted confessions to Muhammadans. Given that the age when conversions are permitted is set in 18 years in our country, this norm will be in force also in case of Muhammadans. Children up to the age of seven follow the conversion of their parents; the change of religion in case of childern between 7 and 18 will be possible in cases where parents previously followed diff erent religions and later go on to switch to the same confession. As to what concerns us most closely here and now, and as far as it can be foreseen, perhaps the entire law is or will be of no practical importance for a long time to come, and indeed its execution may not be commanded. For the Muhammadans fi rst need to constitute religious communities, and how are they to form those if they have no followers of that cult? The entire legislation has the character rather of a political demonstration, but in practice it will have no eff ect, as we hope. These regulations are or will be in force in Bosnia and Herzegovina, while in our country they cannot be brought into process; given, however, that Hungary has her own legislation, without whose cooperation nothing is possible in cases of this kind. This indeed fi nished the case of the law with its acceptence, to the point where without the new law nothing can be changed, and the govenrment, so to say, has asked for the law only under the coercing political circumstances and itself rejoices to have it passed without greater eff orts and agitations. It is diff erent in the case of Bosnia and Herzegovina, where, for these provinces, the govenment could have handled the matter without a law, through a mere governmental order it could coordinate and decree as it wanted, and conversions could be carried out at minor ages for those who are to convert. In our country, as I said, the norm is fi xed at 18 years, we cannot hope for any change in this, nor can the revision of the whole ecclesiastical-political legislation be claimed, which is neither desirable nor possible now. As for the practice, I still note the following. According to the law, Jewish children under the age of 18 can not be baptized, either, but actually, we frequently baptize them. The government, when informed on these [cases], may make inquires in single cases, but the end of the inquiry is that children remain baptized, and no one makes further inquiries with the passing of time. The same is likely to happen regarding Muhammadans. There will be loud voices/claims, but they will come to a halt, as water fl owing in the arena usually vanishes." 27 This letter at fi rst attributes no practical importance to the law, but the reason it gives is not only the small number of adherents as much as the lack of an operational congregation -which accords well with the wording of the law. The law is explicitly considered to be of a political nature and to have been formulated due to coercing political circumstances. Subjective points of view are also voiced, such as the expression of "hope" (speramus) that the law would have no practical eff ect; or the "happiness" of the government to have it passed without "agitations" -i.e. without such reactions as might have been expected. A new approach introduced here is that the law does not impede existing practice: as it is seen in the case of the Jews who, according to the regulation, could also only be baptised after reaching the age of eighteen years, yet, the actual practice ignores this. Apart from the practice of the Church, we also learn about the offi cial approach to such instances, namely that only in some cases does this ignoring of the regulation result in investigations, but even in those cases the loud claims die away quickly.
The letter written by the Archbishop of Zagrab, Antun Bauer, to the Apostolic Nuncio (Card. R. Scapinelli di Leguigno) on 7 th April 1916 is a quick response to the latter (who, as it is referred to and as we have seen above, had turned to him for information less than a week before): "With reference to the most esteemed letters of your most revered Eminency from the 1 st April 1916, I reply the following: The sanctioning of the law on the Muhammadan cult by His Sacred Majesty has not yet been made public law, thus I cannot respond to your most revered Eminency with any certainty whether it has taken place or not. New administrative norms cannot be formed around the conversion of Muhammadans, while it is defi nitely said that the law is produced through night work [i.e. by working day and night] by the government -in relation to other cults and churches, to give substance to the interconfessional law of 17 th January 1906. So almost nothing can be known about this matter, and we must wait until the end of the war, maybe then there will be an occasion for a change for the better in the matter." 28 The letter echoes some of the previously seen attitudes, i.e. the interest in the sanctioning of the law, as well as in the age of conversion. We also witness the approach that placed the recognition of Islam in the general context of the legal acceptance of religions; here, the earlier interconfessional law is also referred to. This way, the focus is widened: it is not only the status of Islam that matters, instead, the matter is viewed in the context of other similarly recognized religions. The necessity of possibe changes is also raised; however, it is indicated that only post-war circumstances may bring about such changes -a suggestion which may imply that the alliance with Turkey might require such a step.
Shortly after this, the Archbishop of Zagrab wrote another letter to the Nuncio, this time on Croatian "Muhammadanism" (to right corner: Croatia culte Musulmano), which attests to Scapinelli's having written a quick response to his previous missive (on 8 th April 1916), which is missing from the archives.
"To the questions expressed in the letter of your most revered Eminence of the 8 th April of the current year, I respond that the government's work of day and night on the law concerning the reception of the Cult of the Muhammadans has the prospect of authentic declaration. As for the transition to Muhammadanism, it is without doubt that such transition according to our laws should in no way be permitted, just as it is not in the case of Judaism". 29 The letter displays the familiar concern about the proclamation of the law, as well as the possibility of conversion -which, however, is not possible due to the legal regulation. As we have seen elsewhere, the status of Judaism often serves as an analogy to that intended for Islam.
The next available document dates to a month later, and was written by Ervin Roszner, "Le Ministre Royal Hongrois" to the Nuncio -on the accepted law. (In Scapinelli's hand, in the left corner: "ringraziato: il 16 maggio 16").
"I am urged to inform you that the law of the recognition of the Mohammedan cult in Croatia has been sanctioned by His Majesty on 27 th April." 30 Though the letter of the Nuncio is not available, the response demonstrates that the Nunziatures had also contacted politicians in order to gain insight into this signifi cant event.
The next document 31 is without a date or any specifi c comment, apart from a short note in pencil that reads "Per l'Austria". This piece of printed material (Ordinariats-Blatt der Budweiser Diöcese 1913 nr 9) contains the Austrian law of 1912 that had acknowledged the Hanafi te rite. ("Gesetz vom 15. Juli 1912, betressend die Unertennung der Unhänger des Islams nach hanefi tischen Ritus als Religionsgesellschaft") We may presume that the new law of 1916 also raised interest in earlier developments, i.e. that a study of the text of the previous law and its outcome (if any) was expected to help prognosticate what could be expected in the present instance.
After this, no other documents can be found until the following year, when the Secretary of State, Ga sparri wrote to the Nuncio, Valfré di Bonzo  as follows: "In 1912, in Austria, as is certainly known to the Holy See […], and later, in 1916, respectively, laws were passed in Hungary and Croatia to admit the Muslim cult in those countries. These laws are almost equal in substance and expressed in generic terms. Their practical determination cannot be expected until the fi rst Muslim congregation is legally constituted in each of those countries. On that occasion the respective Minister of Culture will have the power to establish, through his Decrees, diff erent points of practice, some of which may be important. It is not known whether the establishment of any Muslim community has already taken place; but this could well happen, especially as both Vienna and Budapest intend to build a mosque. 32 In view of all of this, it will be appropriate that Your Eminence be watchful so that, when the formation of a Muslim community occurs in the nominated countries, the practical application of the law should be carried out in order to bring the lea st possible damage to the prestige of the Catholic Religion and to the health of souls.
Moreover, in Austria, the age at which, according to the already existing laws, the transition from one recognized religion to another is permitted is 14 years; in Hungary and Croatia it is 18 years. It is very probable that although this is not explicitly expressed in the admission laws of the Muslim cult, the same will be observed for the [case] of the passage from Musulmanism to Catholicism. Now, if by virtue of the powers granted by the aforesaid laws to the Minister of Culture we could obtain for this last case a lower age limit, this would be an advantage. In this regard it should be noted that, according to Muslim laws, the transition to another religion is accepted at the age of puberty, so that no injustice would be done to Muhammadanism. Your Eminence will fi nd in the Archives of this Nunciature a […] position [posizione as an archival category] with regard to this question, whose documents may be useful for acquiring a fuller knowledge of the matter and thus taking the appropriate steps to the aforementioned purpose more eff ectively." 33 A year having passed, the law is now seen in a broader perspective, contextualized in the passing of a series of similar bills. The practical side is investigated, particularly the issues in which the Church and politics may intervene, this is why the Holy See is seen to follow carefully the possible formation of any Muslim community. It is still considered a threat, as is indicated by prases such as "the least possible damage to the prestige of the Catholic Religion and to the health of souls" (il minor danno possibile al prestigio della Religione Cattolica ed alla salute delle anime). The age of conversion is still a concern, and there is still a mixed use of vocabulary, which sometimes uses the correct (Muslim, musulmano), in other cases the inaccurate (Muhammadanism, maomettanismo) form.
The last paragraph of the letter may explain the reason why the issue was raised. As there was a new Nuncio, Valfré di Bonzo, Secretary of State Card. Gasparri needed to draw his attention to the case and make sure that he should notice in time any relevant developments. In order to avoid the need to give an overview of the situation, he directs Valfré di Bonzo to the Archive where an entire fond is dedicated to the question.
The Nunzio replied six months later, indicating his subject as Culto mussulmano in Austria-Ungheria: "In dispatch N. 27517 of March 8 th of the current year Your Most Revered Eminence called my attention to the admission of the Muslim cult in Austria-Hungary. I have not failed to deal with the matter immediately, especially by speaking to His Eminence the Cardinal Archbishop of Vienna who, precisely because of his ecclesiastical position, is interested in the matter more than anyone else. He provided me only the other day, under the date of 13 th of the current month, with an answer which I transcribe ad litteram in adherence to your Eminence's norm, not without transmitting the text of the law of 9th August 1912, which concerns Muslim worship specifi cally. "Moreove r, Cardinal Gasparri, Secretary of State, in a letter sent to your Excellency on the date of 27 th March 1917, wrote about the acknowledgement of the Islamic religion in Austria -the law which I enclose here -so that he could take care of the matter on behalf of the bishops, and so that no harm should come to the Catholic Church at the time of its emergence. First of all, paragraph 6 should not be ignored, which provides equal protection to the teachings and institutions; even though it adds, "in so far as these are not contrary to the civil laws." -by which words [i.e. on the basis of such words] a benevolent government can obstruct the acknowledgement of such Muhammadan institutions as are contrary to Christian morality. Professor Dr. Schmöger has written at greater length on this law in the periodical "Salzburger Kirchenzeitung 1912 no. 48 and 49". The number of Muhammadans in Austria (except for Bosnia and Herzegovina) in 1909 was counted [somewhat] over 1281, of which more than 889 reside in Vienna." For now, then, because of the war, there is no consideration or prospect for the construction of the mosque; but even after the war, especially given the good dispositions of His Majesty the Emperor, it will not be possible. I have drawn the attention of His Eminence the Cardinal Archbishop of Vienna, and, as for me, I will not fail to remain alert." 34 The decreasing frequency of the correspondence illustrates that the issue came to a standstill. Even if some further discussions are referred to, no new developments are mentioned. The law is seen to be mostly a formality, and loopholes are pointed out that may provide ground for preventing further recognitions. Reference is repeatedly made to the circumstances of the war that defi nitely impede, for instance, the mosque building project. A letter from which the Nunzio quoted is attached, dated 13 th October 1917; it was written by the Archbishop of Vienna and addressed to Valfré di Bonzo. 35 The answer, which is the last available document relevant to this matter is a confi rmation of the arrival of the letter: "I have duly received Report No. 2518, dated 21 October, concerning the Muslim Cult in Austria Hungary. I have not failed to take notice of what you tell me in this Report, and I am sure that Your Eminence will continue to follow carefully this important topic and inform the Holy See should the occasion arise." 36 The fi nal voice in this documentation is then a request to remain watchful and to follow the latest happenings in the fi eld. There are no further materials, which indicates that the issue lost its importance, and ceased to be an issue altogether after the end of the war.

Concluding remarks
As a conclusion, fi rst, the signifi cance of the bill is underlined, then a brief reference is made to the circumstances and causes why it lost importance, and fi nally I would express my gratitude to those who have helped me in this research.
The signifi cance of the bill is that it declares that Hungary has acknowledged Islam as a religion and not a denomination: it sought to secure that all Muslims should have the opportunity to form a denomination. Given that the bill did not aim at increasing the number of established religions, Islam was intended only to be legally recognized (in Hungarian: "elismert felekezet", in Latin "licita religio"), i.e. the eventual congregation would not have had access to the privileges provided for the established religions, such as representation in legislation, easier access to estates, etc., but it would have been entitled to the same rights as other legally recognized religions, e.g. ensuring the religious education of children also by legal means; the right to collect denominational taxes, etc. The Act was never withdrawn, and the law has not been cancelled, but the Muslim legislation (ius personarum) had never became a part of the legal system of Hungary, and Islamic law never confronted the ius patrium. (Csiziné Schlosser 2010:253;Hamza 2016:22-23;Molodikova 20 11:224;Szalai 2010:5 97-598.) In WWI, however, Hungary was defeated, Bosnia thus became separated from the country, and the number of Muslims in the fragmented country decreased. The end of the war and the Treaty of Trianon had devastating eff ects on Hungary and on Muslims, as well. The result was a setback in the presence and religious practice of Muslims in Hungary. Uncertainties caused by the Treaty of Trianon and the outbreak of WWII fi nally led to a slow disappearance of the Islamic community. During the 1920s, the number of Muslims decreased by one third; the remaining community continued to live in the capital, but was mostly of different citizenship. Negative political and economical developments resulted in delaying the construction of the Budapest Mosque. (Lederer 1988:16;Molodikova 2011:224)