أثر تغير التكييف الفقهي لعلاقة حملة الوثائق بحساب التأمين على عقد التأمين التكافلي

Mohammad Abdulhdi Marzoq  Al-Azemi; Mohammad Omar  AL-Khalaf

doi:10.35516/law.v51i2.4705

Authors

Mohammad Abdulhdi Marzoq Al-Azemi Department of Islamic Economy & Banking, Faculty of Al-Sharee’a and Islamic Studies, Yarmouk University, Jordan https://orcid.org/0009-0008-0901-5942
Mohammad Omar AL-Khalaf Departmento of Islamic Economy, Faculty of Sharia, Damascus University, Syria https://orcid.org/0009-0003-9482-6910

DOI:

https://doi.org/10.35516/law.v51i2.4705

Keywords:

Jurisprudential characterization, Takaful Insurance, Islamic insurance companies

Abstract

Objectives: This study aimed to investigate the jurisprudential characterizations of policyholders’ relation with the insurance account. The collaborative Takaful Insurance Contract has been characterized differently; some viewed it based on the recompense between the installment and compensation; others considered it as conditional gift, the vast majority of contemporary scholars characterized it as being a commitment to donation which was supported by the sharia criteria. The Consortium of Islamic Fiqh characterized Takaful Insurance as being a form of collaboration; others conceptualized it based on the wakf or the collaborative recompense.

Methods: The research adopted the inductive and the descriptive analytical approaches by screening the various jurisprudential characterizations suggested by the contemporary scholars on the collaborative Takaful Insurance and then described, analyzed and demonstrated the impact on the contract.

Results: The jurisprudential characterization adopted by this study is to characterize the Takaful Insurance based on commitment with donation. The study concluded that investment of the insurance surplus doesn’t vary by the jurisprudential characterization. The party that exercises the investment varies by who eventually owns the insurance surplus. The relationship between the subscribers under the collaborative Takaful contract varies by the jurisprudential characterization. As for the sharia governance, the existence of Sharia Control Body is imperative and doesn’t vary by the jurisprudential characterization. Ultimately, the imposition of the Zakat varies by the jurisprudential characterization of the Takaful insurance.

Conclusions: There are many jurisprudential characterizations of Takaful Insurance. The variability of such characterizations impacts the collaborative Takaful Insurance in some inherent points.

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