The Communist regime has exhibited in its attitude toward religion a wide gap between precept and practice. The Communist Constitution, adopted in March 1946 and as subsequently amended, contains liberal provisions with regard to religion. Freedom of conscience and religion is guaranteed to all citizens; the church is separate from the state; religious communities are free to exercise and practice their creeds; it is forbidden to use the church and religion for political purposes, and political organizations based on religion are outlawed; and the state may give material assistance to religious organizations.
Even before the adoption of the Constitution, however, legislative measures had already been taken to curb the freedom and power of all religious bodies. For example, the agrarian reform law of August 1945 made special provision for the confiscation of all their wealth, especially the estates of monasteries, orders, and dioceses, and the seizure of their libraries and printing presses. But the first major law aimed specifically at the control and regulation of all religious bodies and at the elimination of all distinguished clergymen was enacted two years after the promulgation of the Constitution. This law is known as Decree No. 743 On Religious Communities, approved by the Council of Ministers on November 26, 1949, converted into Law No. 773 on January 16, 1950, and amended by Decree No. 3660 of April 10, 1963.
The law provided that religious communities through their activities had to develop in their followers a sentiment of loyalty toward the People's Republic of Albania. In order to organize and function, religious communities had to be recognized by the state, such recognition taking place as a result of the approval of their statutes by the Council of Ministers. All regulations and bylaws issued on the basis of such statutes had also to be approved by the Council of Ministers, and the heads of religious communities and sects had to be approved by the Council of Ministers after being elected or appointed by the proper religious organs. Religious communities or branches, such as the Jesuit and Franciscan orders, that had their headquarters outside the country were henceforth prohibited and ordered to terminate their activities within a month of the enactment of the decree.
All religious communities were obliged to send at once to the Council of Ministers all pastoral letters, messages, speeches, and other instructions of a general character that were to be made public in any form. Religious institutions were forbidden to have anything to do with the education of the young since this was the exclusive right of the state, and all religious communities were prohibited from operating philanthropic and welfare institutions and hospitals or from owning real estate.
On the basis of Decree No. 743 the Council of Ministers on May 4, 1950, issued Decrees Nos. 1064, 1065, and 1066, approving respectively the statutes of the Sunni, Orthodox, and Bektashi religious communities. A common provision of all three decrees was that each religious community had to develop the "sentiment of loyalty in their followers toward the people's power and the People's Republic of Albania, as well as their patriotic feelings." The Statute of the Independent Catholic Church of Albania was approved by Decree No. 1322 of July 30, 1951.
The regime's policy toward each of the three religious denominations, although differing somewhat in tactics, aimed from the outset at the eventual destruction of all organized religion. The regime achieved control over the Muslim faith by dealing with each sect separately. The first measure aimed at dividing the Sunni and Bektashi, which was effected, officially, in May 1945, when the two were declared completely independent of each other.
In dealing with the Sunni clergy, the government arrested and executed as "enemies of the people" those members of the top hierarchy who were reluctant to toe the Communist line, while others were imprisoned or sent to concentration camps. It named as head of the Sunni community Hafez Musa Haxhi Ali, who in 1950 led a delegation of the Sunni clergy to the Soviet Union, visiting Uzbekistan and the Muslim religious shrines of Samarkand and Tashkent and meeting with many Soviet Muslim leaders. He was also used in appeals for world peace and other slogans directed at the Muslim countries in the Middle East.
The policy followed toward each group differed somewhat. The Bektashi group had always been much more liberal and forward looking than the Sunni. During the war a few leading Bektashi clergymen had joined the National Liberation Movement, and three of them—Baba Mustafa Faja Martaneshi, Baba Fejzo, and Sheh Karbunaro—played major roles in bringing about close collaboration between the Bektashi order and the regime. In March 1947, however, Baba Faja and Baba Fejzo were assassinated at the group's headquarters in Tirana, where they had gone to meet with the World Bektashi Primate Dede Abazi (the Bektashi had moved their world headquarters in the 1920s from Ankara to Tirana). As the Tirana press reported the event: "The leaders of the Bektashi, Baba Faja and Baba Fejzo, cooperating with the people's government, visited Dede Abazi to discuss the democratization of the religious organization. Dede Abazi answered with bullets, killing them both. Later he shot himself." Taking advantage of this incident, the regime eliminated those leaders of the Bektashi clergy it considered disloyal.
Because of the traditionally nationalistic character of the Albanian Orthodox Church, the regime has attempted from the outset to use it as an instrument for mobilizing the Orthodox population behind its policies. Using the church for its own ends, the regime took steps to purge all those elements within it that were considered unreliable. Clergymen who did not yield to the demands of the regime were purged.
Among the purged Orthodox leaders was the primate of the church, Archbishop Kristofor Kisi, who was deposed in the late 1940s and subsequently died in jail. The regime replaced Kisi with Pashko Vodica, a renegade priest who had joined the ranks of the partisan formations. On assuming the office of primate, under the name of Archbishop Paisi, he stated that it was the church's duty to be faithful to the People's Republic of Albania and to the people's power and added: "Our Church must be faithful to the camp of Peace, to the great anti-imperialist and democratic camp, to the unique camp of socialism led brilliantly by the glorious Soviet Union and the Great Stalin...."