Document Type : Original Research Paper
Authors
1 Department of Law and Theology, Jurisprudence and Foundations of Islamic Law, Payam Noor University, Tehran, Iran
2 Department of Economics, Faculty of Islamic Studies and Economics, Imam Sadiq University (AS), Tehran, Iran
3 Department of Private Law, Islamic Azad University, Qorveh Branch, Kurdistan, Iran
Abstract
The insurance institution plays an important role in improving the economic base of the society in order to increase mental security and reassurance as well as fair distribution of the adverse effects of risks. But other Muslim (Sunni) countries, since the injection of this industry into the Islamic economy, have made great efforts to replace the insurance by rejecting the conventional insurance. They have evaluated this issue in different conferences and proposed Takaful model. The most important factor that has caused more and more people from different countries to work in takaful insurance has been the participation of people both as policyholders and as insurers who form the takaful fund. Takaful funds become partners. The main issue of this research is to examine the legitimacy of excess and the basis of its legal legitimacy. The present research method in this research is library documents, which with the citations and studies, we try to analyze the issue that the profit that is obtained from insurance activities is based on the inclusion of takaful insurance in the form of compensation and also Article 10 of the civil law, in the perspective of republican rights. Islamic Iran has a Sharia basis.
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