CONDITIONS OF THE FOUNDER (EL-WAQIF) IN ALGERIAN LAW AND JURISPRUDENCE
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Abstract
Waqf (endowment) is at the forefront of donation contracts, being a unilateral act intended to achieve charitable purposes by targeting the realization of good deeds and the distribution of benefits. This act is voluntary, and as such, it necessitates consideration of the wishes of the FOUNDER (EL-WAQIF) when establishing the waqf. Therefore, the intentions of the FOUNDER (EL-WAQIF) and the conditions they impose must be taken into account. This perspective is supported by Algerian legislation regarding waqfs and judicial practices, both before and after the enactment of the Waqf Law, in line with the principles established by Islamic law that emphasize respect for the FOUNDER’swill.
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References
Imam Muhammad Abu Zahra., Lectures on Waqf.Ahmed Ali Mukhaimer Press, Egypt, 1959.
Hamdi Pasha Omar, Real Estate Judiciary in Light of the Latest Decisions Issued by the Council of State and the Supreme Court.Dar Houma, 8th ed., 2009.
ZahdiYakan.Waqf in Sharia and Law.Arab Renaissance Printing and Publishing House, Beirut, Lebanon, 1388 AH.
Munther Abdul Karim Al-Qudat, Waqf Rulings (A Comparative Legal and Jurisprudential Study), Dar Al-Thaqafa for Publishing and Distribution, 1st ed., 2011.
Theses
Ibrahim Belbali, Algerian Waqf Law (A Critical Analytical Study Compared to Islamic Jurisprudence), Master’s thesis, Faculty of Islamic Sciences, University of Algiers, 2004.
QanfoudRamadan .the Waqf System in Islamic Law and Algerian Law, Master’s thesis, Faculty of Law, SaadDahleb University, Blida, 2002.
Ben MashranKhair al-Din, Waqf Management in Algerian Law.Master’s thesis, Faculty of Law, University of Tlemcen, 2011-2012.
LegalTexts
Law No. 84-11.dated 09-06-1984, concerning the Family Law, amended and supplemented, Official Gazette No. 24.
Law No. 91-10.dated 27-04-1991, concerning Waqf, amended and supplemented, Official Gazette No. 21.
Executive Decree No. 98-381.dated 01-12-1998, specifying the conditions for managing, operating, and protecting waqf properties, Official Gazette No. 90.