الصراط
Volume 27, Numéro 1, Pages 355-374
2025-06-25
Waqf (endowment) In The Maliki School And Algerian Law: Its Concept, Provisions, And Means Of Preservation
Authors : Ghebrid Sidali .
Abstract
: It is well known and certain that The Endowment (WAQF) is known to be of great importance and an important role in the development of the Islamic economy and society. The fact of the Endowment is that it was an ancient regime that existed before Islam, and for what Islam came he desired, presented it in an orderly and tight manner, and made it compatible with financial transactions and Shari 'a purposes and grand rules; that is because the endowment aims to achieve the obedience of God Almighty by imprisoning part of the money without its personal disposition and making its benefits in charitable works and different destinations of righteousness, such as centres for the real definition of Islam, the construction of mosques, the appointment of residents and imams, preachers and permits, and the drilling of wells, construction of roads, establishment of centres and institutions responsible for health and social care, assistance to students and pupils, assistance to the poor and families in need or homeless, for the sake of all this, the regime of endowment in Islam has been in place from the time of sending the prophet Muhammad (PBUH) to this day, hence; Waqf is a source of Islamic finance and a source of good; It ensures and sustains many homes and families in crises and social disasters. On the legal side; The endowment contract is an official document registered in courts, personal status judges and notaries to protect and legalize real estate transactions, endowment institutions, as well as Algerian law authorizing the suspension to dispose of his or her property, provided that it is documented by the courts or by the legally mandated authorities; The endowment's owner (Waqif) may identify persons who can avail themselves of the benefits of the endowment as well as individuals who benefit from the transfer and operation of the endowment administration after the endowment's owner death, whether they are from Al-Waqif's family or from outside.
Keywords
Endowment ; Financial transactions ; Islamic economy ; Islamic finance ; Algerian law
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