الحماية الجزائية لأصول الأوقاف في قانون العقوبات الجزائري

الملخص EN

The Waqf has attracted Muslim attention since the beginning of the Islamic message because of its importance in society, as it was the source of funding many Islamic state projects in various fields of life.

However, circumstances have led to the retreat of Muslims from the suspension of their funds.

The suspended funds were neglected and jeopardized by offences that affect their entity, which prompted the legislator to protect them through penal provisions, particularly by the article 36 of Law 91/10 on Waqf and referred to the penalties stipulated in the penal code.

There are also acts that affect the origin of the waqf and are considered as crimes and punishable.

This study aims at enumerating these crimes, their corpus delicti and their punishments, then revealing the protection guaranteed for waqf origins.

It turns out that the Algerian legislator has largely guaranteed a penal protection for waqf properties through the provisions of the Penal Code.

However, most of the protection was not private, but rather general provisions of which waqf benefits from as being money, with the exception of the protection of places of worship and cemeteries.

The mosque and Muslim cemeteries are suspended funds in Algerian society.

As for the Holy Quran, it benefits from special protection, not as a waqf property but because of its sacredness and its place for God and Muslims.