مصادر الوقف في التشريع الجزائري : دراسة تحليلية مقارنة

الملخص EN

The waqf is a charitable act aimed to strengthen the social solidarity.

It is adopted by Islamic law and other legislations, especially the Arab ones, including the Algerian and the Moroccan legislations.

In order to determine the effects of the waqf, it is necessary to precise the sources of waqf.

So, we ask the following question: What are the sources of waqf in Algerian and Moroccan legislations ? have they the same or different sources? Certainly, the answers of this question make us consider the importance of determining the sources of waqf in the legislation object to our study.

These issues arc fundament as they give us more details about all provisions of this charitable act.

Therefore, the study of the topic aimed to identify the sources of the waqf in both Algerian and Moroccan legislations because of the similarity of the waqf characteristics in Algeria and Morocco due to closely related religious, social, economic and cultural factors.

For this purpose, we conduct an analytical and comparative approaches in order to determine the sources of the waqf in the legislations object of study which consisted of both (he waqf and the testament as an direct sources adopted by both Algerian as well as Moroccan legislator.

Wc came up to the conclusion that the Algerian legislator should amend different legal texts and cancel others related to waqf, as there arc many ambiguities and fluctuations in the way he dealt with this issue.

Key words :Waqf, contract, charitablc act,law, testament.