مفهوم الحكر في الفقه الإسلامي و القانون الجزائري

Abstract EN

The Algerian legislator has included hikr in the legislation of waqf properties as a way of exploiting and investing in real estate waqf, the source of this way is the Islamic jurisprudence, the legislation of waqf properties has defined hikr, as well as the jurists and the researchers, but the various definitions of hikr are not clear and precise.

What makes knowing the reality of hikr difficult is the fact that there are many old dealings related often to waqf properties, and they are similar to hikr in different degrees.

The goal of this research is to define the concept of hikr with precision, and to distinguish this concept from the similar concepts in the Islamic jurisprudence and the positive law.

I tried to achieve this goal by knowing the origin of hikr, and analyzing the different definitions of hikr, and comparing them, in addition to comparing hikr with the similar concepts.