تحول عقد الوقف بين الفقه الإسلامي والتشريع الجزائري

Abstract EN

The idea of transforming the void or voidable endowment contract into another valid contract resulted from the legislator's endeavor to find a solution in order to save the contract that binds the contracting parties from the fact of invalidity.

this is by bringing into existence another valid contract resulting from the void contract.

however, this matter is not new because it is rooted in Islamic jurisprudence in a wide and loose manner, making the transformation not only limited to the transformation that takes place from the original void contract to another new and valid contract, but rather it goes beyond it so that the valid contract is transformed into a void contract, and this leads to different effects that result.

about that, which appears clearly through the different applications of the transformation of the endowment contract in both legislation and Islamic jurisprudence.