This article provides a review of institutions involved in the administration of Islamic affairs in Algeria. It discusses briefly the historical background of the law in Algeria. This article also seeks to provide a general overview of the introduction and applicability of Muslim law in Algeria, from the colonial administration of the French to the contemporary period. The first institution that this article will consider is the Ministry of religious affairs that is responsible for administering Islamic affairs and organizing the religious observances including administration of Zakat, Wakaf, Masjid, Hajj and Umrah. The Supreme Islamic Council, as a national body, contributes in Issuing fatwas, the development of correct Islamic culture and the development of Islamic thought. Keywords: Administration of Islamic affairs, Islamic law, Ministry of religious affairs, Supreme Islamic Council

1. 1
ADMINISTRATION OF ISLAMIC AFFAIRS IN ALGERIA
SUBJECT :
ADMINISTRATION OF ISLAMIC AFFAIRS
PREPARED BY:
DR. SALAH EDDINE YOUCEF
AZIEZ
Bessami.doc@gmail.com

2. 2
TABLE OF CONTENTS
1. Abstract....................................................................................................................3
2. Introduction .............................................................................................................4
3. History of Islam in Algeria...................................................................................... 4
4. Background Of Islamic Administration In Algeria………………..……………..…9
5. Islamic Administration In The Colonial Period 1830-1962.....................................9
6. Islamic Administration After Independence (1962)………………………………..10
7. Administration Of Islamic Affairs In Algeria..........................................................10
7.1.Supreme Islamic Council.........................................................................................10
7.2. Ministry Of Religious Affairs.................................................................................11
7.2.1. Administration of Masjid...................................................................................11
7.2.2. Administration of Waqf......................................................................................12
7.2.3. The National Diwan (Office) of Hajj and Umrah………………………………18
7.2.4. Administration of Zakat.....................................................................................19
7.3. The Islamic Judiciary……………………………………………………….……...20
8. Conclusion................................................................................................................24

3. 3
Abstract
This article provides a review of institutions involved in the administration of Islamic affairs
in Algeria. It discusses briefly the historical background of the law in Algeria. This article
also seeks to provide a general overview of the introduction and applicability of Muslim law
in Algeria, from the colonial administration of the French to the contemporary period. The
first institution that this article will consider is the Ministry of religious affairs that is
responsible for administering Islamic affairs and organizing the religious observances
including administration of Zakat, Wakaf, Masjid, Hajj and Umrah. The Supreme Islamic
Council, as a national body, contributes in Issuing fatwas, the development of correct Islamic
culture and the development of Islamic thought.
Keywords: Administration of Islamic affairs, Islamic law, Ministry of religious affairs,
Supreme Islamic Council

4. 4
1-INTRODUCTION
Islam is a comprehensive way of all details in our life, which covers all aspect of
human life and activities including the administration of organization or institution. In Islam,
the administration plays the main role for the success of Muslims’ organization. The Islamic
principles in administration provide a more comprehensive system as they incorporate both
moral and spiritual dimensions. The basic principles of Islamic administration are extracted
from the primary and secondary sources of shariah. Islamic principles of administration do
not merely serve as a concept or theoretical aspect in the Islamic administration but rather as
a very practical tool in serving the needs of any organization in facing the challenges of this
new globalization era.
2- AN OVERVIEW OF THE POLITICAL HISTORY AND GEOGRAPHY OF
ALGERIA1:
The second largest country in Africa, Algeria is bordered in north by the
Mediterranean Sea, in the east by Tunisia and Libya, in the south by Niger and Mali; in
south-west by Mauritania and the Western Sahara and, in the west by Morocco. Algeria is
composed of four principal sets of reliefs. To north, along the Mediterranean coast, the
narrow plain extends from Algerian Tell. To the south of the Saharian Atlas the immense
desert extends from the Sahara which accounts for 80% of the surface of Algeria.
The area of Tell, in north, is characterized by a Mediterranean climate, with hot and
dry summers and soft and rainy winters. The average temperatures in summer and winter are
respectively of 25 °C and 11 °C. The more one goes down towards the south, the more the
climate becomes dry.
Historically, Algeria was first known as the Kingdom of Numidia whose most famous
Kings were Syphax, Massinissa and Jugurta who ruled the Kingdom during the III and the II
century BJC. Numidia became Roman province in 46 BJC after a war between Jugurta and
the romans. The Vandals invaded the roman North Africa 430 before the byzantyne conquest
in 533.
1 http://algerianembassy.org.my/profile.htm.

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The byzantine era finished with the arrival of Islam and the Arabs in 647.Many
Muslim dynasties ruled the country from 776 to 1518 : the Rostomides( 776 to 909), the
Fatimides (908 to 972), the Zirides (972 to 1148), the Hammadites (1007 to 1152) , the
Almoravides(1052 to 1147 ) the Almohades (1121 to 1235) ,the Zianides (1235 to 1556).
The Ottoman era started in 1518 when the Algiers was placed under the Ottoman
authority by Barbarossa who helped the rulers to fight the threat of the Spanish. Algiers was
then a recognized authority in the western Mediterranean and had established a huge naval
fleet. Algiers has resisted many European offensives by the French, Spanish and English.
In 1830 the French succeeded in their attempt to occupy the country but the conquest
of the whole country finished only in 1857 although struggle against colonialism has
continued till after 1880 in different parts of the country led by great national heroes like
Emir Abdel Qadir, Sheikh Al Mokrani, Sheikh Bouamama and Lla Fatma N’Soumer.
During the 20th Century, the National Movement, after tough efforts, led the Algerian
people to its great Liberation war against the French in 1954 which finished in 1962 by a
referendum of self determination obtained after one million and half martyrs and a huge
sacrifice from the Algerian people.
Algerian independence movements led to the liberation war of 1954, and on July 5,
1962, Algeria was proclaimed independent.
In July 05, 1962 Algeria became independent after 130 years of colonialism. After the
adoption in May 1963 of the first Algerian constitution, Ahmed ben Bella was elected in
September 1963 first President of Algeria. In June 1965, Houari Boumediene became the
Chairman of the “Council of Revolution”. In November 1976 a second constitution of
Algeria was adopted and Houari Boumediene was elected President of the Republic in
December 1976.
In December 1978, Boumediene passed away. After a transitional period of 40 days,
Chadli Bedjedid was elected in 1979 as the President of the Republic and re-elected, twice
since then, in 1983 and 1988.
Following street demonstrations in October 1988, a new constitution was adopted in
February 1989 which opened the era of multiparty system.

6. 6
After the cancellation of the results of the first round of the parliamentary elections in
December 1991, President Chadli Bendjedid resigned. The “High Council of State” was set
up under the Presidency of Mohamed Boudiaf. The latter was assassinated in June 1992, and
Ali Kafi took over as head of the High Council of State until the end of its mandate in 1994.
Then, Liamine Zeroual was nominated President of State.
In November 1995, presidential elections were held, with Liamine Zeroual elected as
President of the Republic. In 1996 the fourth Algerian constitution was adopted by
referendum. In September 1998, President Liamine Zeroual announced early Presidential
elections which were held in April 1999 with the victory of President Abdel Aziz Bouteflika.
In April 2004, President Abdul Aziz Bouteflika was re-elected for a second mandate. In
September 2005 the “Charter on Peace and National Reconciliation” was adopted by
referendum. In April 2009, President Abdul Aziz Bouteflika was re-elected for a third term.

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3-QUICK FACTS2
Official Name: People's Democratic Republic of Algeria
Capital Algiers
Location Located in North Africa , Algeria is bordered by
the Mediterranean Sea on the north, Morocco ,
Western Sahara and Mauritania on the west, Mali
and Niger on the south, and Libya and Tunisia on
the east.
Population 33,2 millions (January 2006)
Religions Islam is the religion of the State.
Languages Arabic is the national and official language.
Tamazight is also a national language
National Holiday Anniversary of the Revolution-November 1st
(1954).
Independence July 5, 1962
Head of State The President is elected for a five year term by
direct, secret and universal suffrage.
Head of
Government
The head of the government presents members of
the Government to the President of the Republic
who appoints them.
Council of Ministers is Chaired by the President of
the Republic.
2 http://algerianembassy.org.my/profile.htm

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Council of Government is chaired by the Head of
Government.
Parliament Bicameral:
The Council of the Nation
The National People’s Assembly
Legal System Republic
Currency: Algerian Dinar (AD)=one hundred centimes.
Natural resources Petroleum - natural gas – iron – phosphates –
uranium – lead –zinc – gold…
Agricultural
Products
wheat, barley, oats, grapes, olives, citrus, fruits,
sheep, cattle…
Industries light industries - machinery – mining - electrical –
electronics petrochemical, food processing …
Major trading
partners
Usa - Italy – France – Germany – China – Japan -
Canada Spain - Turkey …

9. 9
4-BACKGROUND OF ISLAMIC ADMINISTRATION IN ALGERIA
In Algeria the vast majority of citizens are Sunni Muslims belonging to Maliki School
of jurisprudence. Resident Christians, numbering less than 1% of the population, are mainly
foreigners. Islam was first brought to Algeria (Algeria was known as middle maghreb) by
the Umayyad dynasty following the Islamic conquests by Uqba ibn Nafi (62H/ seventh
century). Algerian state was founded in 1516 by two brothers Khaireddin and aruj
barbarus(origins of Turk).at the stage the Islamic affairs ruled by the Ottomans empire.
Algeria, a gateway between Africa and Europe, became independent after more than a
million and a half Algerians were killed in a 7 years fight for independence from France in a
struggle that is considered as one of the greatest revolution against colonialism during the
20th century. As a developing country, Algeria has played a great role in the achievement of
the independences of many other African and Third world countries. Algeria also had a great
role within Third world fora such as NAM, OIC, G77, G15, and African Union.
The basic components of the identity of Algerian people are Islam, Arabite and
berberite. Algeria now is a republic of western North Africa with a population of 35 million.
It is the second largest country in Africa in terms of area (2381741 square KM).
5-ISLAMIC ADMINISTRATION IN THE COLONIAL PERIOD 1830-1962
The French Colonial period 1830-1962. The war of independence which culminated
the end of 132 years of struggle against one of the cruelest colonization projects in history.
5.1.French law:
Muslims could not hold public meetings, or leave their homes or villages without
permission. Legally, the indigene became without their full rights unless they renounced
Islamic law. Few did so. The land of Islamic charitable (habus/waqf) was confiscated.

10. 10
The traditional of Quranic schools and zawias3 was closed ,or destroyed, Indeed
French colonizers, driven by destructive craving for domination, implemented a highly
advanced acculturation policy based on a cultural policy of colonization designed and
reflected at the highest state circles [Camille Riesler, 2004]. Eradication of sharia law
Implementation of Napoleonic code (see, 3-The judiciary (Qada).
6-ISLAMIC ADMINISTRATION AFTER INDEPENDENCE (1962)
The first founder text of the Algerian nation being used as the goal of the fight for
national liberation: "The establishment of the sovereign democratic social Algerian state
within the framework of Islamic principles" [The Declaration of November 1, 1954], This
text was proved by Article 2 of constitution(1963/1989/1996/2008): Islam is the religion of
the state.
7-ADMINISTRATION OF ISLAMIC AFFAIRS IN ALGERIA
The administration of Islamic affairs is divided into three main bodies: Supreme
Islamic Council, Ministry of Religious Affairs and The judiciary (Qada).
7-1-SUPREME ISLAMIC COUNCIL
Supreme Islamic Council is an independent constitutional institution. According to
the Constitution of 1989 Article 161, the high Islamic Council is established directly by the
President of republic. Islamic Supreme Council appoints president from among its members.
Islamic Supreme Council consists of 15 members, including a president appointed by
the president of the republic from among the top national competencies in various fields of
science. The Constitution defines the functions of the Supreme Islamic Council in legal
3 zaouia or zawiya (Arabic ‫زاوية‬ " spelled zawiyah, zawiyya, etc.) is an Islamic religious schoolor monastery.
The term is Maghrebi and West African, roughly corresponding to the Eastern term Madrasa.
See, M. D. Goulder, Stanley E. Porter, Paul M. Joyce, David E. Orton, Crossing the Boundaries:Essays in
Biblical Interpretation,1994, BRILL publisher, 381 pages ISBN 90-04-10131-4

11. 11
advice, and the diligence required by contemporary Islam in facing the problems due to social
changes and major cultural.
7-1-1- Basic objectives
- Issuing fatwas.
-Training and religious education
-Dissemination of correct Islamic culture
-contribute to the development of Islamic thought and ijtihad
- Develop thinking and diligence.
-Make Islam immune from political practices.
- Provide for all matters related to Islam that allows corrects erroneous perceptions and
highlight the real foundations and the correct understanding.
- Religious guidance and dissemination of Islamic culture inside and outside the country.
7-2- MINISTRY OF RELIGIOUS AFFAIRS
Is divided in four main bodies: Masjid, waqaf (called also hubus), hadj, zakat. That
ministry also administered religious property, the habus, provided for religious education and
training in schools, and created special institutes for Islamic learning.
7-2-1- Administration of Masjid
The masjid is established in each state by ministry of the management and organization of
waqf. According to Article 2 of the Executive Decree 91/89 on 23/03/1991, the masjid is
public waqf.
The Ministry of Religious Affairs controlled an estimated 15,000 public mosques.
Which manages the prayers, Quran learning, literacy, guidance, Zakat found and the Hajj
tutorial. The Imams of Masjid and the Friday khatib are trained, appointed, and paid by the
Ministry of Religious Affairs.

12. 12
The first administrator of Masjid is the Imam appointed by the Directorate of
Religious Affairs assisted by the Religious Committee. The tasks of Imam are Ensures Imam
peaceful responsibility to its employees, and works on religious, cultural, scientific and social
activities. and the Important functions of the Committee is ensuring The role of the
construction and renovation of mosques, Furnishing, Maintaining mosques libraries,
providing section for the memorization of the Holy Quran And housing for imams and
muezzins and teachers of the Quran.
7-2-2- Administration of Waqf
Called also as hubus or tasbil, we have three period in Algeria of administration of
waqf, pre-colonial period (before 1830), colonial period (1830-1962), post colonial period
(after independence 1962).
Taking care of Waqf property is not only limited to encourage Waqf, but must tend to
the creation of an administration authority which ensure its management and the continuity of
its finality. That what make Algerian legislator, based on central administration of Waqf
management, to put a series of legislative texts producing an administrative structure
composed about administrative departments distributed on two levels: central and local, and
linked to the central administration represented by the Ministry of Religious Affairs and
Waqf. All this is in order to ensure the good management of this administration according a
codified repartition of its missions.
However, the supervision of the State, represented by the Ministry of Religious
Affairs and Waqf, to ensure the continuity of el-Waqf message to serve Algerian society, is
depended of developing the administrative system managing Waqf which must collects
potentialities, absorbs negative aspects and mobilizes energies.
The human element is considered as the vertebral column which based all vital
projects intended to success.
Al-Waqf, as an institution of specific nature, is only a founder (al-Wakif), a benefiter
(al-Mawkouf alayhi) and a supervisor-manager (en- Nader). Without encouraging the first
element (al-Waqif) to observe this Sunnah, sensitizing the benefiter (al-Mawkouf alayhi)
about the value of the Waqf object and organizing the administration charged of its
management according to the founder will, the waqf function remains to its original state.

13. 13
To ensure the survival waqf property, its continuity and perpetuity of its benefits –
according to perpetuity condition – depends on behaviours linking to it, either relating to its
fructification or its preservation4.
7.2.2.1. Pre-colonial period (before 1830):
We can divide this period in three phases:
7.2.2.1.1. Before Ottoman Empire (...-1516):
Few information, wilayat waqf (nazarat waqf) was under waqif or mawquf alaih or
qadi5…
7.2.2.1.2. Ottoman Empire period Worked on6:
Stabilize endowments through the appointment of principals of endowments (nazir)
who perished. Also takes specific importance for the waqaf of the Two Holy Mosques , when
has assigned its management to qadi-qodat7.
7.2.2.1.3. The last period of Ottoman Empire
Was characterized by Institutional structure for the management of endowments:
• Awqaf institution of Two Holy Mosques8.
4 Ben mchernen khayredine , Administration of waqf under Algerian law, (master thesis), telemcen(algeria)
university, 2011-2012, p 474.
5 Mohamed el-bachir el-hachemi, Economic compositionof Algerian waqf regime and its role of resistant
French occupation, majalat el-masadir, march 2002, The National Center for Studies and Research, Algeria,
p161.
6 Nasser el-dine saiduni, Studies in real property, National enterprise Book, Algeria, 1986, p95.
7 See, kamal mansouri, Administrative reform of the institutions of Awqaf sector (Algeria case study), p223.
8 Mustafa ahmed ben hamouche, the Waqf and development of cities from heritage to modernization, Seminar
Islamic Waqf, 6-7 december 1997, United Arab Emirates University, el-ain, p6.and Nasserudin saiduni, Studies
in real property, National enterprise Book, Algeria, 1986, p100.

14. 14
• Awqaf institution of Algerian Great Mosque9
• Awqaf institution of subul khayrat 10
• Awqaf institution of bayto mal
• Awqaf institution of people of Andalusia11
7.2.2.2. During Colonial period (1830-1962):
French administration acted in accordance with the ruler's policy on the issuance of a
number of laws and decrees And consecutive decisions to eliminate waqf (Endowments), we
mention the most important resolutions and decrees:
• Resolution dated September 8, 1830
• Decree issued on December 7, 1830
• Resolution dated October 1, 1844
• Decree of the October 30, 1858
• In the final Act of 26 July 1873 came project "warnnier12": final liquidation of the
Waqf Properties.
tween the shariah and, Waqf property system in Algeria,a comparison study beMahjoubi missoum9
the law, Memorandum of graduate studies in Finance, national institute of finance, Algeria, 1993, p76.
10 Nasseruddin saiduni, Studies in real property, National enterprise Book, Algeria, 1986, p97.
11 Abul Qasim saadullah , Algeria cultural history from the tenth century to the fourth century AH, National
Company for Publishing and Distribution, 1979, p 237.
12 Ahmed abd el-malik, Propertiessystem in Algeria, Bulletin of Ministry of Religious Affairs and
Endowments, Algeria, p3.

15. 15
7.2.2.3. After independence (after 1962):
After independence there was not of Waqf, the real property is divided into four
categories13:
- State property,
- Property belonging to the occupant (colonizer)
- Property belonging to the private ownership of some of the Algerians,
- Property without ownership.
The establishment of the administration of Awqaf passed through phases:
• Of the year 1962 - 1984, there is no special law for endowments.
• The first special law of Waqf is the Law No. 84/11 on 06.09.1984.
• Constitution of 1989, which recognized in article 49 Proprietary endowment,: founded
the constitutional protection for waqf.
• Confirmed this Protection of the constitutional amendment of 1996 under Article 52.
7.2.2.4. Endowment management structure14:
The endowment management structure is under the management of the Ministry of
Religious Affairs which manages three main bodies of waqf. 1. The Committee (lajnah) of
Endowments, 2.The directorate of Awqaf, Zakat, Hajj and Umra, 3. The General Inspectorate
(called also mufatichiah).
13 Official Journal No. 2 in 1963.
14 Official Journal No. 38 in 2000.

16. 16
7.2.2.4.1. Committee of Endowments:
Established by a resolution of the Minister of Religious Affairs, which determines his
composition and functions .This Committee is primarily responsible for the waqf of property
after the minister, who is working under his authority.
The most important tasks:
- The settlement of the status of public and private properties of waqf.
- The settlement of the status of all the land of waqf allocated for the construction of mosques
and religious projects....Within the general endowments
- The settlement of the status of waqf properties which became the public waqf after
interruption the inheritor (Which was private endowments).
7.2.2.4.2: General Inspectorate:
It is under the authority of the minister, his function are: monitoring visits and
inspections, Focused on the follow-up to exploit the endowment property projects and inspect
and prepare periodic reports on the Sent by the Inspector General to the Minister in
accordance with the provisions of Article 4 of the same Decree 2000/371 dated 18/11/2000.
7.2.2.4.3: The Directorate of Awqaf, Zakat, Haji and Omra15:
It is under the authority of the minister, which brought about under the text of Article
III of the Executive Decree No. 05/146, dated 07/11/2005.
The following main tasks:
- Find Waqf of properties, registration and ensure publish it and counting.
- On the management of Waqf properties and investment and development programs.
- Follow up the collection of waqaf properties and to identify ways of dispensing.
- Improved financial management and encouraging a waqaf.
15 Official Journal No. 69 in 2000.

17. 17
- Ensure the amanah of Waqf Properties Committee.
This directorate of Awqaf, Zakat, Haji and Omra have four main bodies: Directorate
of Religious Affairs and Awqaf and institution of mosque, Agent (wakil) of waqf, the
supervisor (nazir) of waqf.
A- Directorate of Religious Affairs and Awqaf:
The Directorate of Religious Affairs and Awqaf is in each wilaya16, its function is to
Ensure to manage endowment property, protection and search and inventoried and
documented administratively in accordance with the applicable regulation: [Article 10 of the
Executive Decree 98/381].
B- Institution of mosque
The function of this institution is activating the endowment movement and
rationalizing of investment of awqaf.
C- Agent (wakil) of waqf:
His duty is under the supervision of the Directorate of Religious Affairs and Awqaf,
watching locally site endowment, and follows the work of supervisor Waqf property and
monitored in accordance with Article 11 of Executive Decree 98/381.
D-The supervisor (nazir) of waqf:
According to Article 33 of the Endowments Act 91/10, the duty of nazir of waqaf is
managing Waqf Properties including (exploitation, saving and protection).
16 Algeria have 48 wilayah(province).

18. 18
7.2.3. The National diwan (Office) of Hajj and Umrah17:
The establishment of the National diwan of Hajj and Umrah by executive decree No.
349-07 amended and supplemented on17 November 2007. Is the Public institution of an
industrial and commercial nature? Managed by general manager and it is under the tutelage
of the minister of religious affairs and endowments.
The diwan consists of:
• A representative of the prime minister,
• A representative of the Minister in charge of the Interior and Local Communities,
• A representative of the minister in charge of foreign affairs,
• A representative of the Minister of Finance,
• A representative of the Minister in charge of Health and Population and Hospital
Reform,
• A representative of the minister in charge of transport, a representative of the Minister
in charge of tourism,
• Director in charge of Hajj and Umrah,
• A representative of the Bank of Algeria.
7.2.3.1. Main tasks of the national diwan of hajj and umrah:
He ensures the physical and human preparation for the Hajj operation inside and in
the holy Bekaa (makka and madina), Data collection on the process of pilgrimage, physical
organization of demonstrations, seminars and meetings related to the process of pilgrimage,
Participate in the selection of officers in charge of the pilgrims service and determine their
number and evaluation of their activities, the development of exchange relations and
cooperation with national or foreign bodies that operate in Hajj and Umrah, and evaluation
processes.
17 http://www.onpo.dz/El_diwane.html

19. 19
The diwan provide also quality services to the mutamirines(whom practices omra)
through travel agencies, tourism and various dealers In this context, its main tasks:
• Data collection on the process of Umrah, processing and utilization.
• Choose officers in charge of mutamirines inside and the holy Bekaa.
• Ensure proper administration umrah.
• ensure the return of mutamirines after the expiration of the period prescribed for the Umrah.
7.2.4. Administration of Zakat:
Is based on Zakat Fund institution which is a religious social institution operates
under the supervision of the Ministry of Religious Affairs and Endowments, established in
2002. The role of the Zakat Fund in the reduction of poverty 18 and unemployment by
financing small and medium enterprises 19 . Managed by The religious affairs ministry,
according to his instruction, has two steps :steps of collection and distribution.
7.2.4.1. The collection of zakat
Zakat should to be given to mosque commissions or putting it in Zakat funds that is
located in each official mosque. the money must not be kept in mosques. Imams should
account and transfer it to Zakat Fund current account.
7.2.4.2. The distribution of Zakat:
-If the collect is greater than 5 million dinars:
• 50% of the poor and needy
• 12.5% of employees (amil) and zakat activity.
18 Khitam arif hamaoui, The role of Zakat in economic development,2010.
19 Musbah muhamed, The role of the Zakat Fund in the financing of small and medium enterprises, master
thesis,2013, kasdi merbah university, Gelma, Algeria.

20. 20
• 37.5% of the investment and loan Hassan
If the Collect is less than 5 million dinars:
• 87.5% of the poor and needy
• 12.5% of employees (amil) and zakat activity.
7.2.4.3. Detail of distribution:
Mosque commissions determined priorities in granting Zakat money. Widows with
their children come first, followed by divorced women with children. Each family’s quota is
defined according to money value collected in their area.
Note: Majority given zakat an individual manner, away from official channels, lack of
confidence on the management of zakat.
7-3- THE ISLAMIC JUDICIARY (QADA)20:
Islamic judiciary is one of small part of judiciary system in Algeria because the
jurisdiction contains under one system the Laws of individual and family circumstances
derived from the Islamic sharia law while the Civil laws derived from Napoleon law.
The judicial system21, in common with other aspects of Algeria's culture, shares
features of its French and Arab traditions. Throughout the French colonial period, secular
courts prevailed as the final judicial authority, although Islamic sharia courts had jurisdiction
over lower level cases, including civil cases, criminal offenses, family law, and other
personal matters.
20 El-saih salaheddine, The development of the administrative judiciary in Algeria,master thesis,2013, kasdi
merbah university, Gelma, Algeria.
21 http://countrystudies.us/algeria/123.htm

21. 21
Following independence22 in 1962, the government promised to create a new judicial
system that would eliminate the French colonial legacy .The revised legal system was not
created until 1975, under Boumediene23, when new civil and criminal codes were announced.
These codes reflected the divergent nature of socialist and traditional Islamic notions
of justice. Family law, personal status (especially regarding the rights of women), and certain
criminal penalties were divisive issues and many were simply omitted from the new judicial
codes. In the 1980s, Benjedid 24 proposed a family code, which drew extensive public
criticism but was ultimately passed in 1984.
Judges are appointed by the executive branch, and their appointment may be
challenged only by the High Judicial Council. Judges are not tenured, although they remain
relatively free from political pressure25.
8. CONCLUSION:
The administration of Islamic Affairs in Algeria went through several stages
throughout its history, since the arrival of Islam in the first century to the present time.
So the administration of Islamic Affairs knew the development from one stage to
another, especially in the Ottoman period, until the French occupation came the stage knew
eradication for everything related to the administration of islamic affairs such as Zakat ,
judiciary, waqf, education ,etc..
Starting from Algeria's independence in 1962, the government began to rebuild the
administrative structures, including the administration of islamic affair such as judiciary
(family matters and inheritance) pilgrimage, zakat, waqf. However, this construction
administrative still weak which we hope will be cured for the interest and benefit of the
nation and its aspirations to reach progress and sophistication.
Administrators by being Allah-conscious and Allah-fearing. All the duties and tasks
are considered as ibadah which intended towards seeking Allah’s pleasure; and Managerial
22 Amar boudiaf,The administrative juridical in Algeria, p135.
23 Second president of Algeria between 1965-1978
24 Third president of Algeria (1978-1990)
25 http://benarab.forumactif.org/t269-topic

22. 22
practice based on tawhidic paradigm is the most important catalyst in guiding, controlling and
managing both material and human resource for the betterment of entire humanity living in
the cosmos, which would be rewarded by Allah S.W.T and leads to the eternal success (al-
falah) in this world and Hereafter. On the final note, it can be said that indeed the Islamic
principles of administration can give massive impact to the betterment of any organization, its
leader, managers and employees for the life in this world and Hereafter.

23. 23
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INTERNET
http://algerianembassy.org.my/profile.htm
http://benarab.forumactif.org/t269-topic
http://countrystudies.us/algeria/123.htm
http://www.onpo.dz/El_diwane.html

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• Capital: Algiers
• independence: 05/07/1962
• Official linguage: Arabic
• Other languages: berbere
• Area: 2,381,741 km2
• population: 37900000