بوقرة أحمد
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Date
2025
Journal Title
Journal ISSN
Volume Title
Publisher
جامعة المسيلة
Abstract
Since waqf relies on the charitable aspect—through the donation of various
endowed properties with the hope and intention of gaining reward and
spiritual merit from Allah, the Almighty—it represents a distinct and unique
Islamic system compared to other legal traditions. On one hand, it is rooted
in religious generosity, and on the other, it serves as a key driver of social
and economic development for both individuals and society at large. As
such, it has garnered significant attention from all Islamic countries, which
have surrounded it with the necessary legal frameworks to protect it from
excessive exploitation and manipulation of its assets. These frameworks also
include legal provisions regulating how it should be managed and invested in
a way that benefits both the waqf itself and its designated beneficiaries.
Among these frameworks is the Algerian legislation, which recognized the
importance of endowed properties and their role in driving development.
Accordingly, it issued a series of legal texts in this field, including Law No.
91-10, which represents the first Waqf law in Algeria; Executive Decree No.
98-381, which addressed the leasing of waqf properties; followed by Law
No. 01-07, which amended and supplemented the previous waqf law by
introducing new investment mechanisms for waqf properties in agricultural,
urban, and collective financial domains. Additionally, Decree No. 14-70
concerning agricultural lands and Decree No. 18-213 related to the
exploitation of waqf properties for investment projects were enacted. Despite
these efforts, the investment of waqf properties still requires more flexible
and practical legal texts that can be effectively applied on the ground.
Description
Keywords
s: Legal system – Investment – Endowed properties