نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
Insurance, although it has a long and historical history, has become widespread and developed as a practical and widespread institution in recent times. After the introduction of insurance to Islamic countries, the jurisprudential issues related to it were discussed and examined among Islamic jurists. The majority of current Shiite jurists have accepted insurance as an independent and valid contract, but some of them have considered its validity to be subject to its conclusion under titles such as Heba, peace, or guarantee. This view, which is considered a minority in Shiite jurisprudence, has been accepted as the majority opinion in Sunni jurisprudence. Islamic jurists have also proposed numerous contracts to explain and implement insurance within the framework of Islamic law, considering the nature of insurance, of which the Heba contract is considered one of the most important. Among Shiite jurists, Sheikh Hussein Hilli was the first person to examine in detail the conclusion of insurance under the title of Heba contract and proposed the term "Islamic insurance". Since insurance acts as a legal contract, its implementation and operational justifications must also be based on contracts, and a mere change in title cannot be a proof of its validity. Therefore, considering the jurisprudential and legal foundations, this study will examine the role of donation in Takaful and the donation model within the framework of Islamic insurance.
کلیدواژهها English