Authors
1
Collage of law, University of Mosul
2
collage of rights university of mosul
,
Document Type : RESEARCH
Abstract
Takaful insurance companies are distinguished by their significant importance and ultimate objectives through the services they provide to traders and investors for the purpose of providing safety from losses or risks that appear during their various business. This type of insurance is considered one of the most important and widespread ones because what it gives to the parties participating in it in terms of spreading the spirit of cooperation and solidarity among them in a permissible way, away from usury, which is forbidden in Islamic law.
Iraq's experience in this field is recent because the Central Bank approved in 2019 the establishment of a Takaful company among a group of licensed Islamic banks in Iraq, which requires shedding light on it to clarify its importance and the objectives that it wants to achieve in order to reach its success in the commercial and investment reality.
References
First: books
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Second - research and articles
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- Mazouz, Samia and Mahri, Abdel Hamid, Islamic Solidarity Insurance: Presentation of the Experiences of Some Countries, (Journal of Human Sciences, University of Constantinople, Algeria, Vol. (A), p. (44), 2015).
- Mazouz, Samia and Mehri, Abdel Hamid, The Role of Takaful Insurance Companies in Investing Endowment Funds, (autumn).
- The Islamic Endowment and Sustainable Development, Jordan, for the period from 6-8 March 2017).
- Al-Azmi, Dr. Suleiman Bin Duraie, Cooperative Insurance “Its Components and Foreseeing Its Future”, (Cooperative Insurance Forum, in cooperation between the International Islamic Organization for Economics and Finance, Riyadh for the period from January 20-22, 2009).
- Al-Hafiz, d. Omar Zuhair, Cooperative Insurance: Model Agency Contract with a Share of the Net Insurance Surplus, (Cooperative Insurance Conference: Its Dimensions, Prospects, and the Position of Islamic Sharia on it, in cooperation between the University of Jordan, Amman, for the period from 11-13 April 2010).
- Al-Jarf, Prof. Dr. Mohamed Saadou, a comparison between the foundations of commercial and cooperative insurance, (The International Symposium on Takaful and Traditional Insurance Institutions between Theoretical Foundations and Applied Experience, Faculty of Economic and Commercial Sciences and Management Sciences, Farhat Abbas University, Algeria, for the period from 25-25 April 26, 2011).
- Abdel Qader, Dr. Mattai, Takaful insurance formulas and their constraints, an analytical study, (Journal of Al-Me’yaar, Faculty of Fundamentals of Religion, Prince Abdul Qadir University of Islamic Sciences, Constantinople 1, Algeria, Volume (9), p. (2), 2018).
- Souad, Dr. Nouiri, Islamic Insurance Contracts and the Challenges of the Legislative Environment, (Journal of Islamic Entrepreneurship, International Organization for Islamic Marketing, London, Vol. (1), P. (1), 2016).
- Daoud, Dr. Hayel, Investment in Cooperative Insurance, (Cooperative Insurance Conference: Its Dimensions, Prospects, and the Position of Islamic Sharia on it, in cooperation between the University of Jordan, Amman, for the period from 11-13 April 2010).
Third - letters and dissertations
- Al-Dabbagh, Israa Abd al-Hadi Muhammad, Legal Regulation of Takaful Insurance - A Comparative Study - (PhD thesis submitted to the Faculty of Law, University of Mosul, 2018).
- Al-Homsi, Hanan Al-Brejawi, Distribution of the insurance surplus and its impact on the expansion of Islamic insurance services, (Master’s thesis in Islamic banks submitted to the Arab Academy for Banking and Financial Sciences, Damascus, 2008).
- Assia, Aboub, Solidarity Insurance, (Master’s thesis in law submitted to the Faculty of Law and Political Science, Abdel Hamid Ibn Badis University, Mostaganem, Algeria, 2018).
- Obeikan, Abdul Qadir bin Nasser Abdul Rahman, Educational Cooperative Insurance, “A proposed vision for investing insurance in financing Saudi higher education,” (PhD thesis submitted to the College of Education, Department of Educational Administration and Planning, Umm Al-Qura University, Saudi Arabia, 2012).
- Haddah, Atallah, The Role of Takaful Insurance Institutions in Achieving Sustainable Development, A Comparative Study, (Master's thesis submitted to the Faculty of Economic, Commercial and Management Sciences, Farhat Abbas University, Setif 1, Algeria, 2014).
- Saliha, Fallaq, Requirements for the Development of the Takaful Insurance System, Arab Experiences, (PhD thesis submitted to the Faculty of Economic, Commercial and Management Sciences, Department of Economic Sciences, Hassiba Ben Bou Ali University, Chlef, Algeria, 2015).
- Salem, Yasmina Ibrahim, The role of operational efficiency in enhancing the competitiveness of Takaful insurance companies, a comparative study between the experience of the Gulf Cooperation Council countries and the Malaysian experience, (PhD thesis submitted to the Faculty of Economic, Commercial and Management Sciences, Department of Economic Sciences, Farhat Abbas University, Setif 1, Algeria, 2016).
Fourth - Laws
Iraq
- Law No. 10 of 2005 regulating insurance business.
- Islamic Banking Law No. (43) of 2015.
- Takaful controls issued by the Central Bank of Iraq for the year 2019.
Sultanate of Oman
Takaful Insurance Law No. (11) of 2016.
United Arab Emirates
- Federal Law No. (6) of 2007 regarding the establishment of the Insurance Authority and the organization of its work.
- Takaful Insurance Regulation No. (4) of 2010
Fifth: Judicial rulings and decisions of Islamic jurisprudence groups
a- Judicial rulings
- Court of Cassation Decision No. 4543 / Civil Authority 2017, Series 4548 on 8/31/2017 (unpublished).
- Court of Cassation Decision No. 263 / Appellate Body copied / 2017, Sequence 1803 on 8/14/2017 (unpublished).
- Court of Cassation Decision No. 15 / Appellate Body 2016, Sequence 82 on 7/25/2016 (unpublished).
B - Decisions of Islamic jurisprudence groups
- Decision of the International Islamic Fiqh Academy No.: 200 (21/6) regarding Sharia rulings and controls for the foundations of cooperative insurance, issued by the Council of the International Islamic Fiqh Academy affiliated with the Organization of Islamic Cooperation, and held in its twenty-first session, in Riyadh (Kingdom of Saudi Arabia), For the period from November 22/18, 2013 AD, published on the following website: http://www.infa-aifa.org/2396htm.
- Resolution of the International Islamic Fiqh Academy No. 9 (2/9) regarding insurance and reinsurance, issued during the session of its second conference in Jeddah, for the period from 10-16 Rabi’ al-Akhir 1406 AH, corresponding to December 22-28, 1985 AD, published on the following website : www.iifa-aifi.org/1596.htm/
- Decision of the Council of Senior Scholars in the Kingdom of Saudi Arabia No. (51), dated 4/4/1397 AH, issued in its tenth session held in Riyadh, on the permissibility of cooperative insurance and its compatibility with the rules of Islamic Sharia, published on the following website: https://ribh .wordpress.com
- Decision of the Islamic Fiqh Council No. (5) regarding the prohibition of commercial insurance of all kinds, issued in its first session held on Shaaban 10, 1398 AH in Makkah Al-Mukarramah at the headquarters of the Muslim World League, published on the following website: https://dl.islam house.com .