الملائمة القانونية للمالية الإسلامية في النموذج الجزائري

الملخص EN

The Algerian state has adopted the conventional financial system, but it has recently begun studying the possibility of officially adopting what is called Islamic banking.

What that means is recognizing it with a legislative act distinct in its principles, regulations and practice.

This was after international recognition of the superiority of this alternative financial system and the after rapid sanction of it by various countries and legal systems in the east and west it through their financial and monetary agencies.

However, while waiting for this distinctive legis- lation to materialize in Algeria, Islamic banking as a sanctioned system for organizing and stimulating trade cannot be considered a stranger to the Algerian legal system, even if most of that system is taken from France.

It is, in fact, able to adopt Islamic finance without substantial changes.

The Algerian legal system that was developed since Algeria’s political independence from France has recognized the special fea- tures of the Shari’ah rules that govern commercial and financial trans- actions.

These are embodied in a framework of various dimensions which bestows the required coordination between the firmly estab- lished Shari’ah principles and the ijtihad-based rules appropriate to the legal environment in effect at the time.

Based on this, it would be beneficial to explain the ways that the general rules of Islamic finance are consistent with the Algerian legal code, whether from the angle of its laws that deal with transactions or the rules that deal with the regulatory structures that actually guarantee the legality or credibility .of Islamic financial products