تقنين آليات الاقتصاد الإسلامي في التشريع الجزائري لتنمية و تثمير الأوقاف

Abstract EN

The Waqf (Islamic Endowment) is a son of charity which can bring Muslim closer to Allah.

Waqf is an Islamic system, which means that to preserve its principles and to exploit its resources optimally to achieve the economic and social objectives: it needs to comply in its creation, management, and investment with the provisions of Islamic law.

For this reason, the legislator introduced new legal provisions based on Islamic Jurisprudence like sharecropping contract, Irrigation contract.

Grant of land Istisna’a to govern the built lands or agricultural ones.

Nevertheless, he provided only general definitions of these legal dispositions without codifying them or determining the religious school must be following.

Therefore, the Algerian legislator to codify these provisions should refer to the Islamic jurisprudence and examining their applications in reality.