Document Type : Original Research Paper
Authors
Department of Islamic Jurisprudence and Fundamentals of Islamic Law, Faculty of Literature and Humanities, Islamic Azad University of Central Tehran Branch, Tehran, Iran
Abstract
BACKGROUND AND OBJECTIVES: The concept of Takaful in Islamic jurisprudence has a history as old as the history of Islam, but the use of Takaful in the insurance industry and in its literal sense dates back to about a century ago. Since the concept of insurance became popular in Islamic countries, Imamiyyah jurists have theorized about it as one of the relevant emerging issues. Some consider insurance a legitimate independent contract, whereas some believe that, apart from considering the insurance contract as independent or not, it can be ensured by matching the insurance to one of the Islamic contracts. The opinions of this group of jurists have a significant similarity with the term Takaful. Based on this, the aim of this article is to extract Takaful jurisprudential concepts from the Mahud contracts stated in the insurance fatwas of this group of Imamiyyah jurists, considering their similarity with common contracts in Takaful operational models.
METHODS: This research is of an applied type and has been carried out in a qualitative method using the library method and document study. The statistical population of this research is jurisprudential and scientific opinions of authorities, jurists, and scholars of Imamiyyah.
FINDINGS: Imami jurists, before abstracting a concept called Takaful, provided the Shariah form of insurance with peace contracts, mudharabah and gift in exchange. The same issue has also appeared in Takaful raised by Sunnis. In fact, by taking advantage of the mentioned contracts, Shariah Takaful funds are also provided. In other words, Imami jurists were theorists of Takaful and Sunni jurists were Takaful implementers.
CONCLUSION: By extracting the jurisprudential concepts of Takaful from the contracts stated in the Fatwas of Imamiyyah jurists and comparing them with the typical contracts in the operating models of Takaful, it can be said that the existence of contracts such as mutual peace, constitutional gift, partnership, mudharabah, etc. in the opinions and fatwas of Imamiyyah insurance jurists is accepted and repeated, and the existence of similarities between Imamiyya jurists' fatwas and Takaful models is undeniable. In addition, some jurists, in addition to amending the insurance contract, have considered it permissible to add things such as making a profit to customers for this purpose, which, although this issue is not in accordance with the principles of common insurance, it is in accordance with the principles of Takaful.
Based on this, it can be said that since the beginning of the introduction of insurance into Islamic societies, the Imamiyya scholars have expressed some concepts of Takaful in their insurance fatwas, but since most of them considered the insurance contract a legitimate independent contract, Takaful concepts in this aspect have not been welcomed by the jurists and Insurers.
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