Criminal Protection of Waqf Real Property: A Study of Various Crimes

Abstract

Waqf is regarded as a means of drawing closer to Allah, the Almighty. Its manifestations have expanded to include waqf institutions, which have undergone significant development. This has prompted the Algerian legislator to enact laws regulating the management of waqf property and, consequently, to ensure its protection, as stipulated in Article 52 of the 1996 Constitutional Amendment.

The criminal protection of waqf property refers to addressing all acts of infringement that may affect it, whether committed by third parties or resulting from natural causes. The responsibility for monitoring such property has been entrusted to the Waqf Administrator (Wakil al-Awqaf). This study aims to examine in depth the legal provisions enacted by the legislator to protect waqf institutions and properties, while highlighting the need to impose stricter penalties on perpetrators of crimes against waqf. It does so by presenting the various offences committed against waqf property and emphasizing the necessity of adopting specific legislation for the protection of waqf real estate.