Examination of the fiqhi status of the parties in commercial and participation (takaful) insurance

Since its existence, people who have been exposed to various risks have tried to protect themselves by securing themselves economically with insurance. Commercial insurance, which has been implemented since the 14th century, has been criticised for some fiqhi objections. For this reason, in the 20th century, muslims began to apply participation (takaful) insurance as an alternative to commercial insurance. At this point, the legitimacy of the two types of insurance has been discussed from different perspectives in the historical process. However, in our study, we tried to review the insurance contracts in question from the perspective of the parties. In both commercial insurance and participation insurance, it was tried to determine who the parties consisted of and how a contract was made between the parties. In this context, our work consists of three parts. In the first part, the conceptual framework of commercial insurance and participation insurance and historical development stages were discussed and the foundations of the second and third chapters have been discarded with the first part. In the second part, the fiqhi relationship between the parties of commercial insurance and participation insurance in the third part is discussed. While the first chapter was created by collecting information from different disciplines. In the second part, the opposition thoughts are discussed comparatively in the context of the subject. In the third part, the subject was tried to be cleared by using the methods of induction and comparison. Our personal opinion on the discussions was expressed at the end of the chapter.