Volume 12 - Special Issue on Human Rights and Citizenship Rights                   MLJ 2018, 12 - Special Issue on Human Rights and Citizenship Rights: 63-78 | Back to browse issues page

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Hemati M, Hasani A, Taheri M. Investigating the Method of Compensation in Islamic Insurance (Takaful) and Reinsurance From the Perspective of Civil Rights. MLJ 2018; 12 :63-78
URL: http://ijmedicallaw.ir/article-1-1235-en.html
1- Semnan Branch, Islamic Azad University, Semnan, Iran
2- Damghan Branch, Islamic Azad University, Damghan, Iran. (Corresponding author)
3- of Law, Semnan Branch, Islamic Azad University, Semnan, Iran
Compensation is the Most Important Role of Insurance. The Scope of Damages in Insurance Goes Far Beyond the Definitions of Civil Law on Coercive Guarantee. Because Insurers are Liable for both Contractual and Coercive Damages. Based on the Ethical Considerations and Principles Governing Social Relations, Insurance is Obliged to Compensate all Damages And is Restored to its Former State. But Sometimes the Amount of Damages to the Insurer is Such that the Insurance Company is not Able to Compensate the Damage, so the Primary Insurance Companies Try to Reduce Their Liability by Dividing the Liability Under the Reinsurance Contract. Takaful is an Islamic Insurance Contract that Divides the Risk by Creating Solidarity Among the Participants. Now the Main Question is how the Citizens of the Society Can Seek Compensation Through Reinsurance and Takaful and how These two Institutions Work to Compensate. Is it Sequential? One of the Results of This Study is that in Reinsurance Through Partial and Non-Partial Compensation, Compensation in Excess Contract for a Certain Period of Time, Compensation in Compulsory and Optional Reinsurance and in Takaful Based on the Models of Mudaraba and Advocacy to The Purpose of this Study is to Introduce a Practical Solution for the Islamic Citizenship Community to Compensate by Islamic Insurance and Without Jurisprudential Objections to Insurance. As a Result, in Case of Proper Scientific Explanation and Legislation, Takaful Can be Introduced as a Suitable Alternative to Conventional Reinsurance.

Type of Study: Original Article |
Received: 2019/01/12 | Accepted: 2020/11/2

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