الوقف في التشريع الجزائري

Abstract

We sum up from this study that the endowment in the Algerian legislation derives its provisions from the Islamic Shari’a. The legislator sought to reconcile the jurisprudential views of the Shari’a in order to expand the circle of endowment properties and to ensure the implementation of the will of the endowment to the person in charge. The first constitutional protection of the endowment came into effect in the 1989 Constitution, even though it was stipulated in the Family Law of 1984 as stipulated in the National Property Law and the Real Estate Directive. The first endowment text was the 91/10 Law on Amended Endowment, supplemented by Law 01/07, which attempted to give legal and judicial protection to endowment properties. A central and local method was adopted for the administration of endowments. At the local level by a central decision of the Minister of Religious Affairs and Endowment, which would disrupt the exploitation and care of the endowment responsible and its development. The transfer of these laws to the endowments on the regulatory texts, and the delay in the issuance of these laws, prevented the activation of social, cultural and economic roles, in particular for the exploitation and optimal investment of property Endowment, and real estate in particular, which the legislator tried to recover recently these texts, So that this subject remains fertile ground for scientific research.