استثمار الأوقاف العقارية العامة بما يخدم التنمية الاقتصادية : قراءة في المرسوم التنفيذي رقم 18-213

Abstract EN

In order to activate the role of waqf in economic and social development in Algeria, the waqf recently experienced a qualitative breakthrough in the legal system, which was the issuance of executive decree no.

18/213 which outlined the conditions and ways of exploiting waqf properties aimed to completing investment projects that do not conflict with the provisions of Islamic law, and in accordance with the economic and social needs of each, Wilaya and its particularities, as this decree include built-in or building gable land and those that need in provement, whether they are located in durable or reconstructable sectors, excluding waqf real estate of an agricultural nature.

The legislator through this decree has approved objective controls whether related to the investor, or the property that is in the place of investment, or the investment project and the extent to which these controls conform to the conditions of the standing on one hand, and its effects on local development on the other hand, as the legislator also showed the ways of concluding the contract of exploitation position on the property of the waqf and limiting it in two ways either by requesting offers or by consent as an exceptional measure.

The investment of the waqf real estate through the contract of administrative exploitation arranges rights and obligations in the hands of both, the contracting interest and the beneficiary investor, and it also entails legal sanctions in the event that one of its parties violates its provisions which leads to the assigning of jurisdiction to the judiciary to adjudicate disputes arising from it.