لزوم الوقف المعلق بين قرارات المحكمة العليا و قانون الأوقاف

الملخص EN

The Supreme Court's decision, issued in 1993, declared the possibility to revert a pending endowment since it is not determinative.

Yet, it is not allowed to revoke a settled endowment.

This contradicts the articles listed in the Algerian Awkaf regulations, which claim to maintain pending endowments without comparing them to settled endowments.

In reference to the details of this decision, the legislators' discussions over endowments as such were exclusively related to death, which is a special case in the Islamic jurisprudence.

Generally, this case is not liable to pending endowments rules.

The Algerian legislators have already authorized the pending endowments in the Awkaf Regulations, Article 29, and they did not address them in reference to death