Jurisprudential feasibility study - law of implementing common operational models of Takaful insurance and proposing a suitable model for Iran...

Document Type : Original Article

Authors

• FATEMEH AZADBAKHT ¹
• EBRAHIM YAGHOUTI ²
• yosef darvishihoveyda ²

¹ Islamic Jurisprudence and Fundamentals of Islamic Law, Literature and Humanities, Islamic Azad Central Tehran Branch, Tehran, Iran

² Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Literature and Humanities, Islamic Azad University, Central Tehran Branch, Tehran, Iran

Abstract

Abstract

The Takaful insurance system is a mutual agreement for risk sharing based on Islamic law, and the existence of jurisprudential differences between the Islamic sects has caused the designers of this system to design and present various operational models. Given the numerous jurisprudential challenges and issues that exist in the details of these models, Islamic countries have tried to present a model that is consistent with their current jurisprudence or to follow the common models of leading countries in this industry. In Iran, despite the validity of conventional insurance, some religious scholars and some Sunnis in the country are still reluctant to accept conventional insurance. Therefore, the purpose of this research is to assess the feasibility and design and propose a Takaful operational model or models that are consistent with Iranian jurisprudence and law in order to fill this gap and present a technology that competes with insurance for risk coverage. This research is of an applied type and was conducted in a descriptive-analytical manner using a library method and document study. The research findings indicate that, based on the fatwas of Imamiyyah jurists and Iranian civil law, the implementation of Takaful in Iran is possible in three models and operational patterns. These patterns are proposed in three axes and formats based on 1- common operational patterns in the world, 2- introducing new operational patterns based on conventional contracts, and 3- an operational pattern based on the independence of the Takaful contract.

Keywords

• Keywords: Insurance industry
• Takaful
• Operational patterns
• Jurisprudential-legal feasibility

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