DoctorateOpen Access

Life insurance at Islamic Law

2001
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Advisor: Prof. Dr. Beşir Gözübenli

Abstract (EN)

The concept of social security have been commented and brought into application at different ways and institutions for realization of the same aim at differant social cultures. Before the contemporary securitiy systems have came into being, the security systems at world were based on working of persons all life, protection of weaks as much as they were not able to work and helping of them within the famility supports. The most important result of happening of social security is that the traditional helping between persons has become an instituon and been added into social duties of the state Although this duty which derived previously from social functions of the state were carried actually out by the state or its institutions, today it needs to being commented again in the changing economic and demographic environmets of our days. While the social security was previously accepted as a branch of working law, later it become an indepented branch. Today the social and previous insurances are necessary and optional social security insitutions that camforms this concept. ît is accepted by the majority that the tecnique of insurance which was developed in the social security systems was firstly developed against risks at sea and later been appleid to the risks at the land. Generally it has aimed fundamental rights and liberaties of persons. The organization of securing of the fundamental rights has made neccessary the juridical arrengments. Generally islamic juridic scholars have different understanding and wievs on the insurance and life insurance. The scholars who oppose the validity of contracts of life insurance rely for their opinions on the following grounds whicn base on the belief and fatalist considerings: Gambling (maisir), interest (Rica), uncertainly (gharar) fate or pre-destination ( Taqdir) The ones who are on the side of validity of life insurance establish their wievs setting out way from main and secondary sources. They compare the life insurance to unilateral and multilateral contracts, accept it as a new contract which there is no nass ( a verse of Qur'an or hadith) against it and rely on the liberity of contract.

Author

Dr. Hadi Sağlam

How to Cite

Hadi Sağlam (Doctorate thesis). Life insurance at Islamic Law, 2001, Atatürk University.

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