THE ELEMENTS AND CONDITIONS OF THE ENDOWMENT CONTRACT IN ALGERIAN LEGISLATION

This article aims to clarify the elements and conditions of the endowment (waqf) in Algerian legislation. To this end, it seeks to answer the following research question: What are the elements and conditions of the endowment as set out in the Algerian Endowment Law? The methods employed include descriptive, analytical, and inductive approaches.The research concludes that the elements of the endowment include the endower (waqif), the subject of the endowment, the formula, the designated beneficiaries, and the formal requirement. The conditions relate specifically to each of these elements.The endowment (waqf) is considered one of the most significant types of donation, with direct and ongoing social and economic effects, in addition to its religious and spiritual dimensions. It is a deeply rooted social phenomenon in Algerian society, introduced through Islam. An endowment is defined as the dedication of a specific asset, removing it from commercial transactions and management and allocating its benefits for charitable, religious or social purposes, either permanently or temporarily. This is documented to verify and protect the endowment from encroachment or misdirection. The aim is to promote the social and economic development of the beneficiaries (the designated recipients of the waqf) and to earn rewards for the endower. The Algerian legislator has organised the waqf in various texts, the most important of which is Law 91-10 relating to endowments, as amended and supplemented.