Judicial Applications Of Referral Rules In Waqf Matters And Their Role In Enhancing The Maliki School Of Thought: A Case Study Of The Algerian Supreme Court Decisions

Abstract

The Algerian legislator has been keen to preserve the religious reference through laws related to waqf (endowment), stipulating that its supplementary source is exclusively Islamic law, as stated in Article 222 of the Family Law and Article 02 of the Waqf Law. This approach contrasts with the multiple supplementary sources adopted in other laws. This specificity has led to several issues in its application, particularly because the Algerian legislator, unlike most [1]Arab legislations, did not specify a particular school of Islamic jurisprudence to refer to in the absence of legislative text. Hence, the idea of this study emerged.

The importance of this topic lies in its practical application, as it addresses the judiciary's contribution to the reinforcement of the referral rule to Islamic law and its adherence to the religious reference. Therefore, in this research paper, we will address the following problem: To what extent have the judicial applications of the Supreme Court reinforced the Maliki school of thought in waqf matters?