النظام القانوني للصيرفة الإسلامية

Abstract

Through this chapter, the study concluded that the economic conditions experienced by the entire world were an important reason for the adoption of Islamic banking in most countries, and Algeria, like other countries, sought to introduce it into the Algerian banking system by opening the way for the establishment of Islamic banks. The beginning was limited. On the services of the Algerian Al Baraka Bank, and then many years later, a new bank was established in this field, Al Salam Bank, but the share of Islamic banking in Algeria is very limited in the banking system, so that the volume of deposits for Islamic banks amounted to 2.8% of total deposits and 2.3% The volume of funds for the banking sector as a whole, that Islamic banks in Algeria faced several challenges and obstacles hindering the activity of Islamic banking. The Algerian legislator intended to issue Regulation 02-20, which defines banking operations related to Islamic banking, with the aim of reforming the Algerian banking system, by offering products free from usurious transactions prohibited by Sharia, and based on the principle of sharing in profit and loss, in addition to that he indicated that these The products are represented in: Murabaha, Musharaka, Mudaraba, Ijarah, Salam, Istisna’a, deposit accounts, deposits in investment accounts, which are banking operations related to Islamic banking provided with a prior license from the Bank of Algeria at the level of specialized windows known as Islamic banking windows, which are quantitatively independent windows It is present at the level of banks and financial institutions, and the latter is required to obtain a Muslim Sharia conformity certificate from the National Sharia Authority for Iftaa for the Islamic Financial Industry, in order for it to provide Islamic banking products; In order to take note of the reality of Islamic banking in Algeria, this study comes to clarify its concept and the principles on which it is based, without ignoring the conditions required for its implementation, while addressing each of its products, highlighting the obstacles it faces and trying to provide solutions that would contribute tothe activation of Islamic banking in Algeria.