State Protection of Real Estate Endowment Properties from Illegal Exploitation from the Perspective of Criminalization Texts

Abstract

This article examines the protection of waqf (endowment) real estate, based on the criminal provisions of the law on waqfs (Article 36). This unique article provides a form of criminal protection whose importance is often underestimated in Algerian law. The study analyzes Article 36 in terms of its form and the wording adopted by the legislator, as well as the terms and expressions used. The offenses listed in the article are divided into three categories: the first is the illegal exploitation of waqf real estate through receiving stolen goods or fraud. This offense has already been addressed, particularly the use of the term "exploitation," as we believe this term limits the scope of the offense. The second offense is forgery, and we explain its definition and the penalties prescribed by law. Thirdly, the offence of receiving documents or titles relating to waqf assets and the penalties reserved for it.