COMPARATIVE STUDY AND ANALYSIS OF TAKAFUL MODEL BASED ON IMAMIYYA JURISPRUDENCE

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MOHAMMADI MAHDI; SAADI HOSSEIN ALI; ASKARI MOHAMMAD MAHDI

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Paper Information

Journal: ISLAMIC FINANCE RESEARCHES Year:2016 | Volume:5 | Issue:1 (9) Page(s): 65-88

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Title

COMPARATIVE STUDY AND ANALYSIS OF TAKAFUL MODEL BASED ON IMAMIYYA JURISPRUDENCE

Author(s)

MOHAMMADI MAHDI | SAADI HOSSEIN ALI | ASKARI MOHAMMAD MAHDI | Issue Writer Certificate

Keywords

ADVOCACYQ2

TAKAFUL IMAMIYYA JURISPRUDENCEQ2

MOUAWAD HIBAQ2

Abstract

By considering the competitive advantages oftakaful over conventional insurances, such as sharing the underwriting profit (surplus) and return of investment, an investigation into and providing thetakaful Model based on Shiite Jurisprudence is necessary and unavoidable. Accordingly, with a survey of the legal structure of conventionaltakaful and identification of its problems according toimamiyya jurisprudence, some corrective methods within the framework of ADVOCACY contract are proposed. On this basis, by using MOUAWAD HIBA instead of tabarru intention in payment of contributions and using replacement of compulsory contract onwakalah which is revocable, problems and conflicts of conventionaltakaful with imamiyyajurisprudence will be solved. Based on this, takaful fund & takaful operator sign themosharakah contract together. Within a mosharakah contract, based on condition of corollary, takaful operator company becomes attorney oftakaful fund.Furthermore, within the mosharakah contract takaful fund & takaful operator will deprive themselves of the right of revocation. Risk sharing intakaful structure, not the transaction of risk to commercial insurers, and considering insurers as attorneys of participants will result in economy and reduction of risk coverage costs.

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APA: Copy

MOHAMMADI, MAHDI, SAADI, HOSSEIN ALI, & ASKARI, MOHAMMAD MAHDI. (2016). COMPARATIVE STUDY AND ANALYSIS OF TAKAFUL MODEL BASED ON IMAMIYYA JURISPRUDENCE. ISLAMIC FINANCE RESEARCHES, 5(1 (9) ), 65-88. SID. https://sid.ir/paper/254972/en

Vancouver: Copy

MOHAMMADI MAHDI, SAADI HOSSEIN ALI, ASKARI MOHAMMAD MAHDI. COMPARATIVE STUDY AND ANALYSIS OF TAKAFUL MODEL BASED ON IMAMIYYA JURISPRUDENCE. ISLAMIC FINANCE RESEARCHES[Internet]. 2016;5(1 (9) ):65-88. Available from: https://sid.ir/paper/254972/en

IEEE: Copy

MAHDI MOHAMMADI, HOSSEIN ALI SAADI, and MOHAMMAD MAHDI ASKARI, “COMPARATIVE STUDY AND ANALYSIS OF TAKAFUL MODEL BASED ON IMAMIYYA JURISPRUDENCE,” ISLAMIC FINANCE RESEARCHES, vol. 5, no. 1 (9) , pp. 65–88, 2016, [Online]. Available: https://sid.ir/paper/254972/en

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