الملاءمة القانونية للمالية الإسلامية في الجزائر

الملخص EN

Summary As a country adopting the traditional financial system, Algeria has recently aspired to adopt the so-called Islamic finance in a systematic manner, in the sense of its recognition under a distinct legal system of its assets, organization and operation.

This alternative financial system has been recognized internationally.

East and West, is accelerating to adopt it through its financial and monetary institutions.

However, pending the embodiment of this distinct legal system in Algeria, Islamic finance as a regulated system for regulating and trading money is not considered an outsider to the Algerian legal system, even though this system is generally taken from French.

The Algerian legal system, since its establishment after the political independence of Algeria from France, recognizes the specificities of the rules of Islamic law in the regulation of financial and monetary transactions, and embodies them within different dimensions, which provides the required consistency between the fixed legal assets and the jurisprudential provisions appropriate to the legal status scheduled at the time.

It is therefore useful to indicate the compatibility of the general rules of Islamic finance with Algerian law, whether through its provisions dealing with transactions or rules that concern the organizational structures that guarantee the legitimacy or credibility of Islamic financial products.