JUDICIAL AND LEGAL ANALYSIS OF THE BASIS OF

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

MASJEDSARAEI HAMID

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES Year:2013 | Volume:9 | Issue:33 Page(s): 131-144

Download Full-Text

Persian Verion

View:

2,164

Download:

Cites:

Information Journal Paper

Title

JUDICIAL AND LEGAL ANALYSIS OF THE BASIS OF "GHARAR" IN INSURANCE

Author(s)

MASJEDSARAEI HAMID | Issue Writer Certificate

Keywords

MOGHABENEHQ2

INSURERQ3

INSUREDQ2

INHERENT GHARARQ2

INSURANCEQ2

Abstract

One of the new contracts in Iranian legal system is INSURANCE contract that has encountered different opponents and adherents in its course of coming into existence and each parts, invoking to some reasons, have tried to justify and establish its viewpoint. The most important reason that the opponents of INSURANCE contract have raised is that this contract is based on “Gharar”. They believe that the INSURANCE contract is a sample of “ Zamane- Ma- Lam- Yajeb and gambling. So they consider it as suspended and void contract. In this paper we have studied, through criticizing the opponents reasoning, the basis for legitimacy of this contract. It has to be noted that the mentioned “Gharar“ in “MOGHABENEH contracts” is a sort of accident and separation GHARAR and the prohibition of Gharar is related to “MOGHABENEH contracts”. Thus to extend the Gharar to risk contract such as INSURANCE is without any reason. IN this paper, the opponents viewpoint has been rejected and resulted in that Gharar, in INSURANCE contract, is a kind of “Inherent Gharar” that may not affect its validity.

Cites

No record.

References

No record.

Cite

APA: Copy

MASJEDSARAEI, HAMID. (2013). JUDICIAL AND LEGAL ANALYSIS OF THE BASIS OF "GHARAR" IN INSURANCE. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, 9(33), 131-144. SID. https://sid.ir/paper/134138/en

Vancouver: Copy

MASJEDSARAEI HAMID. JUDICIAL AND LEGAL ANALYSIS OF THE BASIS OF "GHARAR" IN INSURANCE. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES[Internet]. 2013;9(33):131-144. Available from: https://sid.ir/paper/134138/en

IEEE: Copy

HAMID MASJEDSARAEI, “JUDICIAL AND LEGAL ANALYSIS OF THE BASIS OF "GHARAR" IN INSURANCE,” JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, vol. 9, no. 33, pp. 131–144, 2013, [Online]. Available: https://sid.ir/paper/134138/en

Related Journal Papers