Legal aspects of Al mucharaka in the algerien banking system

Abstract

islamic banking operation and as a process within islamic banking and a form of islamic financing subjet to the principals of islamic sharia, wich the legislator regulated within the framework of regulation n°20-02 dated 15/03/2020 wich defines and specifying for banking operation related to islamic banking and the rules for their practice by banks and finacial institions, within the framewok of instruction n°20-03 dated 02/04/2020 wich defines products related to the islamic banking and specifies the procedures and technical characteristics for their implementation by banks and financial institutions. One of the most important results of the study is identifying the partenership contracts and its types by determining its regulatory framework and its legal effects of the contracting parties, within the framwork of a comparative stydy between islamc jurisprudence and the legislation in force.Exposure to law n° 23-09 dated 21/06/2023 witch includes the monetary and banking law, and wich established in article 72 anf following it the islamic banking operations and the persons authorized to practice them in a regular manne