İslam Hukukunda Araç Sigortası (Tekâfül)
Vehicle Insurance in Islamic Insurance (Takaful)

Summary/Abstract: There was a long debate in the last century in Islamic societies about the legal ruling on the insurance contract, and since the field of insurance was concerned with Islamic law on the one hand, and the legal field on the other hand, its topics became more and more complex. Its types were multiplied, to the extent that some types became compulsory for people in many jurisdictions around the world. This shows that the issue of insurance is both religiously and legally important. This article discusses Takaful insurance in general, and specializes in the scope of applying Takaful insurance to one type of insurance, which is vehicle insurance. Bearing in mind that vehicle insurance has become obligatory according to the legislation of many countries for its residents. Although this falls under many interests, focus has been placed on a specific angle, which is the view of Islamic law for this type of insurance. Considering that vehicle insurance may be compulsory or optional, or the insured may have two auto insurance policies (compulsory and optional) together. As the jurists of Islamic law found that Takaful insurance is permissible in their agreement at the Islamic Fiqh Academy that was held in Jeddah. The basic difference between the action of the Takaful insurance companies and their counterparts in the commercial insurance companies was clarified in compensating the insured before the third person (the injured) in the event of an accident between the two parties (the insured and the third person) provided that the third person claimed compensation. The action of the insurance fund in the Takaful companies by compensating the insured or by returning their money, given that this insurance fund is owned or liable to the insured, and the return of subscriptions to subscribers from the insurance surplus in the company is without prejudice to the company for this fund, except by legitimate methods approved by Sharia, such as speculation and agency for a known fee, then clarifying what practically some Takaful insurance companies in nowadays.

• Details
• Contents