Our topic today for insurance
The subject of the vital issues that need to know a lot of people around the world to know their right to insurance; I grew up an early idea, but it has evolved in the present era, and has taken forms multiple and complex and species around the world and in all States, and it was the most important of these bonds: the so-called or what is known as commercial insurance, what are known as cooperative insurance. Had differing views, researchers, scientists around the contemporaries in the successors of the world, some of whom Obahama, and some of them to stop them, and some of them forgave cooperative insurance and leave the commercial insurance and some of them forgave commercial insurance and leave the cooperative insurance, and was mayor of that they are permissible or prevent them is the lack of an effective difference between them, it is the first he has to prevent prevents the second, and vice versa.
In order not branched speech and I will just go on a statement in the rule of the two types of insurance, and highlighted the differences between them, with reference to most other types of insurance you need, whether commercial or securing insurance cooperative, and in the light of the following plan:
First topic about insurance: the fact that insurance and its origins and types. And the three demands:
The first requirement about insurance: the fact of insurance.
The second requirement about insurance: the emergence of insurance.
The third requirement about insurance: types.
The second topic about insurance: commercial and cooperative insurance rule and the difference between them.
And the two demands:
The first requirement about insurance: the rule of commercial insurance.
The second requirement about insurance: the rule of cooperative insurance and the difference between him and the business.
Conclusion of Insurance and the summary of the most important research and results.
First topic: the fact that insurance and its origins and types
First requirement: the fact of insurance:
First, the meaning of the insurance linguistically:
Insurance in the language Source: security (Baltdaev), is said to believe in the security of insurance
One of them: the Secretariat, which is against treason, meaning lull heart.
The other: the ratification + ().
It is the first origin as stated in the (dictionary): = Secretariat, and safe: against treason person to person, and security, (Ksamah), and security insurance, and entrusted him and was entrusted, and security (Kkrm), He is faithful and safety, (Kerman): Mamoun trust in him + ().
And some of it came in (the tongue): = ... and Astomn him: the income of the secretariat, has security and safe ... and Security: Almstagir to secure himself + ().
What is mentioned in (median lexicon): = security ... reassured did not hide + ().
On this insurance is in the language: to give tranquility and stillness of heart, remove the fear from within
Second, the meaning of a term insurance:
The definition of an insurance contract:
Differed legal scholars and contemporary expressions in the definition of insurance:
It is legal definitions of insurance that = contract insured committed under which lead to the insured or to the beneficiary who spoke on condition of insurance for him a certain sum of money, or income a certain salary or any other financial compensation in case of accident, or if the risk specified contract, in peer premium or any other financial boost performed by the insured for the insured.
This definition highlights the insurance elements shows that the relationship between the insurer and the insured as a trade-off relationship, and that insurance amounts due in exchange for insurance premiums
However, it is taken by the length, frequency and winning frequent use (or) in it, and the receipt of the word insurer and the insured and insurance .., and this role is required of it; for her involvement with the identifier in the original derivation.
It is the definition of contemporary jurists definitions d. Suleiman bin Thunayan him as: = party's commitment to the latest monetary compensation paid to him, or his designee, when probabilistic check indicated in the contract accident, compared to the amount paid to him this other than a cash payment in installments or so.
Explain the definition of insurance:
One party to another / under first, the statement that the commitment between the two parties insured, one of the insurers and the second student insurance.
Cash compensation / under another, the type of statement that commitment, which is that financial netting paid by the insurer to the insured, went out, so what if this was a moral obligation to compensate or indemnify Similarly ..
Paid to him or his designee / under a third, a statement in which anyone who deserves a second party insurance himself or his deputy, who was appointed in the contract.
When you check probabilistic shown in the contract / accident and this is important, the statement of the reason for the insurance and the extent of knowledge on this reason, it is damage happening to the insured, and this damage anonymous achieved for both parties, it may happen or may not happen, but that the damage shown in the contract what it really is and the amount.
Compared to the amount paid to him this other than a cash payment / and this is also important is that the insured to take money in return for the money paid, which means that the contract netting criticism of criticism.
The premium or so / and this is a last resort where a statement of the way to pay the insured for cash, it may be a single premium in installments may be known.
The comparison between this definition and the definition of Insurance former Insurance:
Noticed on this definition of securing that peace, which responded to the previous definition of the length and the role and a lot of the word, as well as in the most important contract of insurance is common characteristics, namely:
1 - netting hold it and not donated to the insured or the insured.
2 - it is a binding contract for both parties, and only with their free.
3 - it is a contract between two parties, one student insurance, and the second insured.
4 - and the fact that the first is a student insurance allows the second to dictate the conditions that suit them, for this is also bonded.
5 - that a decade, so it takes to fulfill it for some time is the duration of the contract in the insurance.
6 - that the netting between Nkadin about insurance.
7 - that the damage is unknown as falling decade, it's likely to fall and potentially not fall, which means that the foolishness of both parties, he held a probabilistic, is risking the most important elements
These characteristics are predominant in insurance contracts, which handles a lot of people, so if launched an insurance contract went to it, which is collected by one title, a commercial insurance. But there are types last were not included in the definition, such as what you pay state or organization to its employees when they reach retirement age, which is known as social insurance, as well as what if the insurance contract held a donation rather than netting, which is known as cooperative insurance, and to be the definition of a comprehensive social and Cooperative Insurance it is appropriate to say it:
Party's commitment to the latest compensation paid by cash or donated to him when the check probabilistic accident indicated in the contract, or reach a certain age, compared to the amount paid to him this other than cash instead of or participation in the premium and the like.
The word donate to include cooperative insurance definition.
And the word (to attain a certain age) to cover social insurance.
And the word (subscription) to the corresponding statement in them, and it is not offset.
The second requirement: the emergence of insurance:
• Insurance in principle as a means to pay for the damages and risks emerged since ancient times, AVAILABILITY man himself; because he is at risk at every moment, it is intuitive to make the fullest possible to pay a danger for himself and his property Insurance
When Islam came called for cooperation among the people, and make sacrifices on the basis of the donation,
Said ... It was in need of God was his brother in need, and for the Muslim plight Faraj Faraj Allah him the plight of the anguish the Day of Resurrection
It also initiated a lot of images that achieve this principle, including:
1 - which include rational to distribute friendly manslaughter on the relatives of the killer of males.
2 - to ensure that the poor and the needy and the debtors and the wayfarer and to give them the due Zakat.
3 - expenses between relatives.
4 - charity and donations and solidarity between the people and the needs of each other vent
• The insurance as a contract netting between two parties has its presence in the trading people; it was the first nucleus in the West, at the end of the seventh century AH (twelfth century) in so-called maritime loan, and had control of this type of trade category of traders in the northern sector from Italy, most of them Jews, who were deployed after that in Europe.
It was the decisive year in the genesis of insurance - as described by historians insurance is the year 1076 AH / 1666 AD, where he signed this year a massive fire in London charges about 85% of its buildings, making insurance dealers - the above-mentioned - are seizing this opportunity to carry out the call for a new insurance is fire insurance, and has opened the doors for automobile insurance multiple types.
With the industrial development that has occurred in the thirteenth century AH (ninth century AD) emerged the so-called insurance against liability, such as insurance against accidents, factories and scientific laboratories and cars.
Also it originated then other types of insurance such as insurance cooperative and social insurance of life
Third requirement: the various types of insurance:
Insurance considerations of different types and different from the others:
First, it is divided as to the form taken by the Insurance Authority in the management of the insurance process. Into three sections:
1 - commercial insurance (or insurance with a straight-line) (or conventional insurance).
It is usually to be at the launch of the word insurance, has already transferred the definition d. Suleiman Ibn Thunayan insurance in general, and the authenticity of the commercial insurance applies.
And it separated the insurer (the company insured contribution) for the insured who the company secured contracts with each of them separately, and bear the damages sustained by the insured, the expired contract period did not materialize damage to the insured really became a believer, and nothing to the insured amount paid
2 - Cooperative Insurance (or interactive) (or subscribe).
The cooperative insurance in general is based on the notion: that the harmful consequences of certain incidents are distributed to a group of individuals, rather than to leave the disaster befall him alone bear results
This insurance has two images:
'S first: the cooperative insurance simple (or direct-interactive): What is meant by the cooperating group of persons to avoid damage caused by a certain risk, so that each of them pays a sum of money to be compensated from the injury risk of them of all those contributions, and if he stays thing was to them, If not fulfilled premiums taking them
The second image: Cooperative Insurance Composite (or cross-advanced), a cooperative insurance is simple in origin but it is administered by a company specialized in the agency, and have all the gatekeepers shareholders in this company, and composing the General Assembly, then the Board of Directors
The motive for this image is that simple cooperative insurance where the number of gatekeepers limited know each other, but if many numbers and multiplied the risks are requiring separate department dealing with their own affairs, and have them on the basis of the agency paid an undisclosed insurance company
3 - social insurance (or year)
What is meant by what the State or public bodies in favor of a class of society, against the dangers that they suffer in themselves leads to their inability to gain the permanent or temporary, such as the risk of unemployment, sickness, employment injury and aging, it is mandatory to be financed by contributions paid by beneficiaries and Employer, and the state is here that bear the greatest burden. And from social and health insurance and pension and other general insurance
A social work carried out by the state with a view to securing the future of its citizens, and ward off the impact of the sudden their accidents, a donation from the state, not contract netting, but this did not differ more researchers in the passport; hold it a donation, not what the affects of foolishness and tricked insurance
1 - securing funds and property (or Alodhararaal insurance).
To be held by each insurance to protect the money and property against hazards that may be exposed to. This type most comprehensive types of insurance, where it enters the lock beneath all the property of nations, groups and individuals, whether on land or sea or air
2 - Secure Responsibilities (Civil Liability Insurance).
And intended = everything that arises from responsibilities towards individual or group to others as a result of the wrong actions or negligence, or cause damage to any insult was
This locking of the dangers that afflict others because of the actions of the insured, aims to evacuate edema insured him of responsibility towards those risks.
That includes many types of insurance, such as automobile partial insurance against civil liability, as well as securing aircraft, ships, trains, and secure business and professions that might harm others, as security engineers, doctors, pharmacists, contractors and others
Locking people:
And what is meant by insurance, which will aim him to the person insured to secure the threats to his body, the deaths, the loss of a member of the pyramid, and disease, and so on, which may Iqadh for earning and work
It has the most famous types:
A - life insurance and death
B - accident insurance and other
C - insurance against illness and disease cost
D - insurance against the pyramid and aging and disability
As it notes between the second division of the insurance, the first overlap; for the last three Valoksam counted some sections Commercial Insurance; based on the predominant be commercial
When talking about the types of insurance should be noted that there is a so-called (re-insurance), and intended to turn the direct insurance company contracted by the people to secure part of the risks that may occur to them when a major insurance; and fear of the possibility of error in estimating the likelihood of dangers, and then to compensate for the deficit, and direct the company is resorting to the largest reinsurance companies are assured and reassured them insured
The second topic Insurance: Commercial and Cooperative rule of insurance and the difference between them
First requirement: commercial insurance rule:
First: editing in dispute:
1 - no disagreement among scientists that the idea of insurance in principle and what they are willing to advance exceeded the risks and damage acceptable idea, but legally required.
2 - It is also not unlike the prohibition on the attendant insurance contract of taboos, such as the use of funds of insurance companies in the trades or forbidden usury or so loans.
3 - but the wording in the current contracts as a commercial insurance contracts where the financial trade-off between the two parties, in which case the scholars differed in its judgment ().
Second: The reason for the dispute:
It caused in showing that these contracts pulled in two rules:
First: the origin of permissible transactions.
Second: all taboo treatment of guaranteed return to usury, or false pretenses, fraud, or prejudice, ignorance. Are these contracts are included for one of these prohibitions shall be prohibited, or to be free of them shall be permitted adherent originally?
Third: the words:
Scientists and researchers differed in that the sayings of the most important of two opinions:
The first view of commercial insurance contrary.
The second view is commercial insurance goes.
Fourth: the evidence and discussion Insurance
Evidence of those who say prevention Insurance
Even aware of the damage that the insured will fall did not satisfy insurance, though aware of the insured that the damage will not be located was not satisfied with the payment of the insurance premium
And objected to him: that the ambiguity in the insurance goes not lead to a conflict that does not invalidate the contract, and prescribed rules among scientists Tap: that ignorance leading to conflict spoiler to hold them understand that what does not lead to a conflict do not spoil the decade, suggesting that prejudice, ignorance in the insurance Tadian not to dispute the spread of this decade and its prevalence.
I answer: that the case that the ambiguity in the insurance goes, attribute it the fact that the contract, and the reality of people, but what it really is: the most important elements and pillars: risk, for this classify legal within gharar decades, and apply that ambiguity is the obscene, and that cornerstone afternoon, and the place of his contract Insurance
The reality of people about insurance: the discounts have abounded among the people and insurance companies, court records and police reports, witness to that but that these conflicts appear on the scene and in the media when wars and crises and the fall of the aircraft and others.
2 - that type of gambling, because it involves the risk in the financial trade-offs, and pays no felony or cause them, and the sheep free of charge, or for a non-equivalent, the trustee may pay a share of the insurance, then the incident is located Vigrm insured all the insurance amount and increasing, and the danger is not located however Agnm insured premiums unrequited, and if persisted ignorance was Qmara ....... and object to it: that gambling play Balhzawz immoral, inherited enmity and hatred, how it appends a system was rebuilt effects of hazards and gives human safety?
The answer is: Even the insurance play Balhzawz, Kaalghemar completely, says insurance company to the insured: Push as well as the harm befalls you paid to you as well, although not befallen you lose what you paid. The gambler says to another: I do well, I was a well paid to you as well, though not untouched and lost what I paid. Both insurance and gambling in which the risk of depending on luck depending entertained
3 - that it includes the Lord thanks and-nas, the company if paid to the lessee or the beneficiary more than they paid the money it is riba preferred, and the company pays it to the lessee after a period shall be a Lord we ask, even if the company paid like what he paid her to be a Lord we ask, both of Muharram text and consensus
And objected to it: that usury is not achieved in the insurance; because the insurance money swap the usefulness, benefit not of the six classes, nor cause Bohdha, and this benefit is the security that gets insured.
It can be answered him: that instead of the premiums paid by the insured is the amount of insurance and is not safety; because the risk has occurred, and wants to remove the effects of the money they will get from the insurer, but may deliberately for danger, and preferably in order to obtain financial compensation - as if it was a loser in his business - on the one hand the insured.
On the other hand the company insured is very clear; because it was not created in order to help people and remove them damages, but for financial gain, became the decade netting critique criticism
4 - = that this commitment is not required, the insured risk did not happen because of it,
So how it is required to ensure that did not cause to happen?
And objected to it: as a place of conflict inference; because in question is to reach that this is an obligation that is not necessary, how long argued it is not permissible in the same case?
Those who say evidence is permissible:
1 - it is a new contract and there is no law in assets prevents the passport, so it is permissible; because the basic permissibility of contracts until the prohibition evidence, and the law did not prevent people from creating a new contract called for their needs if it is not contrary to the system of hiring forensic Hraith
And objected to him: that the original work by permissible conditional on not by the carrier, the carrier was found to Insurance - As previously in Almaenain evidence - stops by inference
Among the most important carrier of evidence for permissible: that the contracts in Shariah its building on justice between the contractors, and insurance where there is no justice; because its building on risk and gambling is unknown to Aakadin, if the damage occurred was the loss of the company, although not located was the repository is the loser, especially that may pay premiums for years, it does not matter by mutual consent of the two parties; because the man was unaware of his interest, he is pleased with what he does not know that the damage, may eat riba, Mtrazian, but a player facilitator Mtrazian, but not a lesson Petradehma insurance
2 - measurement of the insurance contract on some legitimate contracts, including:
A - rational system, which is to distribute friendly manslaughter on individuals sane killer of adult males, what inhibitor that opens the door to regulate this cooperation on the restoration of financial disaster makes it a component in a manner compact and free will, and make it Shara mandatory without a contract in a rational system?
B - held pro-government forces, and that is to say a person of unknown parentage for Arabic, for example: (You Crown, prudence Me If Djinnit, and Trtna If I die). The contract, said Umar and Ibn Mas'ood, may Allah be pleased with them, and took him Imam Abu Hanifa and his companions.
The holding of the loyalists this lively form of insurance contract; as the guardian assumes responsibility of unknown parentage, the company responsible for the shareholder.
C - social insurance, what is the difference between the pension system for state employees passed by scientists and commercial insurance?
D - ensure the risk of road at the tap: the image: if one person to another he said: (Take this road it is safe, but something happened to you, I am the guarantor) Vslleke, hitting anything, it is guaranteed, and this eye insurance funds from hazards.
I objected to this: that measure the difference with his statement:
- That the rational system and hold the loyalty and the pension system, which relies on donations and self-payment and contribute to charitable causes, as opposed to commercial insurance based system Alastrabah, exploitation and extort money
- The guarantee risk of the road causing a corresponding false pretenses and fraud, not prejudice, ignorance, and corruption of guarantee on this text Tap where they said: = false pretenses in netting the cause of security; to ward off harm as much as possible, and that there is no Awad paid Salk way of ensuring other than insurance.
3 - that the insurance contract leads to the interests; the goal of the restoration of the dangers and fragmentation between the total gatekeepers, and this goal has seen the law through the legitimacy of many of the provisions that achieve this goal, such as rational system held the loyalists
And objected to him: that the mentioned target goal of the project is no doubt, but the conflict in the means used to achieve, and the holding of commercial insurance evidence has shown that illegal means, the end does not justify the means, and everyone knows that the commercial insurance companies do not aim to charity, but aims to profit
4 - measuring the cooperative insurance to the individual.
The majority of scholars and researchers contemporaries have gone to the lack of commercial insurance validity of the cooperative and legalization, and they based it on the doctrinal rule that ambiguity in donations Mgtafr without trade-offs.
This rule is true, but it is not recognized that the Cooperative donated; because what it really is (provided you donate to donate to me) and the netting does not donate Insurance
If there was a difference between them is that the commercial aims to profit other than cooperative, and if this was the only remaining difference between the two may have commercial insurance, it is permissible; because many business Muslims were denied taking pay them, like the adhaan and Imamate ... then had authorized pay them; for fear that not rises by one, so is the case in the insurance, it is known that reward human effort can be made in the form of a flat fee or a share of the profits, and commercial insurance appeared here only cooperative insurance, but efforts where rewarded by way of profit moderate, rather than moderate wage, but perhaps the increase in pay or profit entice qualified to ride the commercial risks and perfecting products Insurance
It can be challenged by that it said:
A - The cooperative insurance in dispute and not a place of harmony between people
B - when certifying those who say there are differences between them - will be mentioned later -.
C - taking part in the delivery of ambiguity, there are other ills proof of the solution, which is found in commercial, Kalmqamrh usury ..., but not found in the cooperative, and the cooperative has granted by independent evidence - will be mentioned -.
D - If commercial and cooperative was similar to the objector, and must be for them and one rule so why not say Ptharimanma together to the presence of ambiguity in them?
Fifth: Weighting:
Through the above mentioned evidence from the parties and discussed clear - God knows - I say a preponderance of view to prevent commercial insurance; for the following reasons:
1 - because it is a great ambiguity, there is no dispute among scholars that the ambiguity is affecting the rest of the financial trade-offs decades.
It Gharar a lot - he says the friend blind -: = is what dominated the decade until he became a contract described as a + ().
It is understood that the insurance contract based president, a strong cornerstone is what the risk and tricked; this combines legal on Ranked among gharar decades, but some of which he wrote of immigrants - and money to legalization - named his book: (risk and insurance) ().
If this contract this Almthabh however does not fall under the officer said, any contract would be a lot of ambiguity in it, then ?!
2 - that taking the hit of a gamble; it netting lead to a profit of one party and the other a loss and must - which is called when economists netting zero - a fact that gambling, and face the fact that the commercial insurance of this kind was held; the believer if you pay the premium was danger lies; The straight-win-win situation for the company and the loss to the lessee. Although signed by the threat, the company compensated the insured for several times what he paid, the trustee may gain compensation, the company lose the difference between the premium and compensation ().
Thus it is clear that this contract falls within the ambiguity decades and embarking upon a variety of gambling; because there is no possibility of benefit both parties, but one winner and one loser and must.
3 - to suit the need for people to deal with make of ambiguity, which in the insurance contract is ineffective, suit incorrect; because it requires that the public need to be and there is no way to fill them just this way, and this condition is verified in commercial insurance contract; it is possible that benefit from the advantages of this contract with the stick to the rules of Islamic jurisprudence, and that the removal of the mediator who seeks to profit, and make the whole insurance cooperative
4 - that this need and interest offset the harmful effects of larger ones, and that the rules of Sharia = ward off evil takes precedence over bringing benefits
One of these evils:
A - that people are hung up on these companies and relied upon to pay the anticipated risks, and ye shall appoint weakens on God and contentment Bokdarh, and prayed through thick and thin.
B - it leads to leniency take precautions and to guard against the expected damage, and then leads to frequent damage and the resulting funds damage or selves, and this is incompatible with the purposes of the law, which aims to prevent or narrow the reasons leading to the destruction of lives and property is not expanded.
To judge the contract Does the need for Muslims to be a holistic view of all its effects and consequences, and if it were interest and need is to avoid the results of certain risks for the perpetrators of it, but it will increase the proportion of these hazards in the community, there is no doubt that he must provide (pay general damage for people) to (pay for the damage category of them); they assessed the rules that bear = your damage to pay for damage to a year +.
C - it leads to conflict and rivalry between the insured and insurers, particularly if a large amount of insurance, often where procrastinating insurance companies, and perhaps circumvent decade searching for the lowest adheres to prejudice the terms of the contract, albeit distant interpretation; because the goal is to not only gain the material, other than what if the insurance cooperative aims to break up the risks and distributed among the participants.
The second requirement: the rule of cooperative insurance for humans
Already passed us - when talking about the types of insurance - that the cooperative insurance are two types, simple and complex:
• The simple (which is among the limited number of people as children of limited family or people of a certain craft and Atolonh
This modern apparent indication that they are in crisis and lack of food Tkavloa among themselves, they put everything they have to eat in one dress, then Tkasemoh to equally, and it is known that when each one of them puts what he has of food does not know what that would take, but did not look at this ignorance; because their intent to donate solidarity and altruism, and their praise of the Prophet *, it indicates the legitimacy and carrots in it.
It is this sense confirms that Bukhari contract for this talk - and three conversations last endorses the significance of this talk - the Pope in which he said the door of the company in the food and Alnhd presentations and how to divide the measured and weighed, risky or grip, what the Muslims did not see in Alnhd anything wrong, to eat this other and the other, as well as the risk of gold and silver, and the Koran in dates
2 - that the meaning and purpose: Cooperation in the fragmentation of the dangers and misfortunes, and are not intended to exploitation and profit
3 - he donated a pure, free of taboos that prevent health contracts, Kalgrr, gambling, usury, etc.
• The Cooperative Insurance Composite (advanced interactive) (which is which is an extension and a development of the former, as administered by a specialized company as an attorney for all the gatekeepers) This kind got it otherwise there are two views:
The first view is that it is permissible in the sentence, and that the majority of scholars, researchers, contemporary, and therefore carry most Fatawa referred to in the simple cooperative insurance, where authorized cooperative insurance, and did not differentiate between the divisional (simple and complex).
The second view is that it is not permissible.
And who became famous with him this to say d. Suleiman bin Thunayan also told him d. Hamad Al-Hammad and other
The reason for the dispute: As shown - and God knows - that the Cooperative Insurance Composite Etjazbh are two types of insurance:
One: Simple Cooperative Insurance (agreed on legalization).
II: commercial insurance (which the audience sees is forbidden).
- Given the contract being donated does not aim to profit, Almstomnon all shareholders in the company: it is closer to the cooperative insurance simple.
- Given the fact that participate in it are individual contracts with every believer, without prior knowledge or association, and many of the participants, and administered by an independent body has conducted, and the premiums fixed and regular: it closer to commercial insurance.
It fundamentalist rules: that the branch if Tjazbh Aslan inflicted Boktherhma resemblance (this is called the measure the predominance of the likes), but any insurances mentioned more like cooperative insurance compound?
The answer to this: You must be aware of two things:
1 - that the cooperative insurance that exist in Western countries, especially in Scandinavia ().
It is well known that they do not adhere to the provisions of law, regulations were contrary to the law extends to the cooperative insurance companies in the Islamic countries.
2 - there is a great disparity between the platforms to insurers cooperative in Islamic countries.
For these reasons, the general provision on insurance companies is not appropriate; and perhaps this is why the body leading scientists in its resolution in 1398 in which the cooperative insurance legalized to restrict so that would develop a detailed materials for these companies a group of experts, also supported that the Fiqh Council of Association its first session held in Mecca in 1398, and contributed to the development of the most important foundations of the work of cooperative insurance.
The cautions that many researchers and specialists, and focused their efforts on the development of the norms of Islamic cooperative insurance companies, and the statement of characteristics that must be available where the activity is characterized by commercial insurance for Muharram.
It is the most important thing stood out in this subject wrote Prof. Ali Qara Dagi in his research presented by the year (1425) to the conference in Sudan.
It is appropriate to summarize what was said in the principles of Islamic insurance, and the differences between him and the commercial insurance with the benefit of the other references are as follows:
First, the principles of Islamic insurance, and basic elements:
1 - do not violate the provisions of the Islamic Sharia:
Not violate any company in its contracts and its actions with the provisions of Islamic law;
That does not include provisions contrary to the text of the book and the correct year or not deposited their money in riba-based banks ....
It follows the principle of a body for Fatwa and Sharia Supervisory Board, the advisory opinions binding on the company's management, and have oversight authority and forensic audit on the company executing operations.
2 - donate cooperation:
To be even insurance contracts should be illegal to be a list (in principle) to donate, that provided for in the contract that the joint (the policyholder) donates premium and proceeds to calculate insurance, or fund, because the trade-offs sheer decades which affect ignorance outrageous and ambiguity, while not affect the donations.
3 - the fact that the company's attorney in cooperative insurance operations and administration:
Since the official company which has established for cooperative insurance can not afford to have paid insurance premiums of policyholders (gatekeepers) according to Shariah; therefore decide it among contemporary scholars that the company is an attorney for them in the insurance business management, either paid or unpaid and only Bnsptha of investment.
The company wages and estimated through studies and statistics that identifies the size of the expenses.
4 - the distribution of the surplus and the profits realized from investments:
There is no doubt that policyholders investing in the investment aspects of the prize money legitimately, and profits realized, and that the relationship is based on the legitimacy of speculation which identifies each of the speculator ratio (the Company) and Lord of the money (the documents) campaign.
The surplus that remains after expenses and insurance payments and the like, he returns to policyholders.
5 - the need for separation of the company's accounts, and the accounts of gatekeepers:
Since the company does not have the insurance premiums they must separate completely disconnect between the company's funds and funds of policyholders, so go back to each of the accounts of the respective rights and duties, obligations and investments and returns and so on.
6 - Post gatekeepers in the administration:
There is no doubt that it is better to policyholders involved in the administration, and the justification for it to be more specific to the company's business policyholders, and then ought to have their representatives in the administration.
7 - real participation in endurance and performance:
One of the most important cooperative insurance properties and characteristics include:
1 - The presence of an exchange of benefits and sacrifices between the Insurance Commission, where pay compensation to those who fall ill, the risk of death Subscriptions members, every one of them insured and insured.
2 - Solidarity members where they are united in the risks to cover one of them, but the extent of this solidarity is linked to whether the difference in absolute value, or subscribe to a specific maximum.
3 - change the value of participation; because the members as long as they are believers and locked them at the same time, it is natural that the required contribution likely to increase and shortages, depending on what is achieved annually risks, and the consequent face of compensation
Second, the difference between commercial and cooperative insurance:
Through the previous presentation of the principles of cooperative insurance, which is intended to be in agreement to the law, it is clear difference between him and the trade, and the most important differences between them:
1 - in terms of netting in each of them:
• The commercial insurance: based on commitment netting, Based on payment of the premium the insurer is committed to compensation.
• The Cooperative Insurance: There is no contractual obligation for compensation; the compensation is paid in installments of the total, and if were not sufficient to meet the compensation request from members to increase their contributions to make up the difference, and if you can increase subscriptions to meet the compensation was not located or partially signed
This difference president who has made the majority of scholars are prevented commercial and cooperative stance sanctions:
When it was a commercial contract netting, based on risk, and is committed to the insurance company to compensate this risk paid; became taboo contract; because it is agreed among scholars that affects a lot of ambiguity in the financial trade-offs decades, and to accept payment for security is not permissible.
The cooperative is holding a donation where there is no obligation to compensate, there is no ambiguity affects it a lot, and not in it to accept payment for security, which eliminated the reason for the prohibition, negated prohibition, because = rulings on menstruation LACK +, and get back to the origin, which is that = origin in permissibility contracts +.
2 - = in terms of form:
Where believers are Almstomnon in the first, while the second is a believer in the company, which is acting in the money taken by their interests.
3 - In terms of the goal:
Since the aim of the first is cooperation, not profit, although there was a profit is consequential, participants of investment funds, while the second is the target of a profit, even if it was the cooperation is consequential.
4 - as well as in terms of premiums:
That is commensurate with the costs in the cooperative, and according to the company's management and its interests in the business.
5 - In terms of return on reserves and investments:
Where he is due to everyone and that did not take in the Cooperative Insurance Society, while due to the company's traders
6 - in terms of its impact on and take precautions to guard against the dangers:
In the repository of Cooperative Insurance careful not to accidents or minimize them; because the effects of this will be in terms of recovery and distribution of surplus on him and the rest of the gatekeepers.
The commercial does not care about it; because it will not pay the premium due to nothing, and in that accustom him leniency in to guard against the expected damage, and result in negatively to frequent damage and the resulting damage to money and lives
Conclusion to the theme of the day on insurance
The summary of the research and the most important results in the following things about insurance:
1 - Insurance language: give reassurance and remove fear among members of the insurance.
2 - the insurance contract is idiomatically: party's commitment to the latest compensation paid by cash or donated to him, when the check probabilistic accident indicated in the contract, or reach a certain age compared to the amount paid to him this other than cash instead of or participation in the premium or so.
3 - Insurance in principle as a means to pay for the damages and risks emerged since ancient times, and the insurance as a contract between two parties netting him his presence among the people was the first nucleus in the West, the end of the seventh century.
The presence in the books of scholars independently as a contract was the first to speak with him imam grizzled (d. 204 AH), where the male image of an image, also singled out Ibn Abidin (d. 1252 AH) has a separate requirement in his book (Radd), then successively scholars contemporaries to talk about .
4 - Insurance is divided in terms of the shape to secure a commercial and collaborative and social, in terms of the risks insured them to secure the property, responsibilities and people.
5 - likely in the commercial insurance that is not allowed because it tricked and gamble and evils (and that's saying publicly contemporary jurists).
6 - cooperative insurance simple legal agreement.
7 - Cooperative Insurance Composite rule varies depending on the statute and the reality of implementation of the company insured, it was not the pitfall illegitimate rule of taking cooperative insurance simple, otherwise it is forbidden business such as insurance.
8 - must Composite cooperative insurance includes principles that distinguish it from commercial insurance, foremost of which is to be held donated free of usury and forbidden transactions, and be faithful in which they , and aims at cooperation, not profit, is the premiums it as far as costs, and return surplus funds the gatekeepers, the company and be an attorney paid for entrusting known or suitable proportion of the profits.
In conclusion, I ask God to save our business and forgive Zlatna concludes Balsalhat Ajalna, and teach us what benefit us and benefit us as we know, and increases our knowledge and a good work pleases us, and God bless our Prophet Muhammad and his family and him.
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