عقد الحكر كآلية لتفعيل تثمير العقارات الوقفية العاطلة

Abstract EN

The contract of the al-Hikr is one of the méthodes for the dévelopement of idle waqf property, as it is a system derived from Islamic law, stipulated by the legislator in article 26 bis2 of the law 01/07 amended and complementary law 91/10 concerning waqfs, the purpose of which is to hand over land suspended in need of reform, to an investor who is repairing it And reconstruct it for a fixed fee.

As long as the Algerian legislator considers al-Hikr as a contract, according to the general theory of the contract, it requires that it be established by pillars and conditions, once the contract is available, the contract will result in opposite rights and obligations on the shoulders of both parties, as well as special and general reasons for its expiration as a time contract.