"Adl va Ensaf" Comparative Law Researches Quarterly
"Adl va Ensaf" Comparative Law Researches Quarterly

A comparative study of insurance contract in the Iranian legal system and Imami jurisprudence

Document Type : Original Article

Author

Shahzad Ekrami

M.A in private Law

https://doi.org/10.22034/aeclr.2020.118095
Abstract
insurance as a broad industry that is important from various tools and mechanisms to create peace of mind. This industry can never be successful without considering the laws related to it, in other words, insurance laws are a factor in the trust of the people and Companies are attracted to it, and it encourages them to invest in the insurance industry. On the other hand, Islamic laws, which have been enacted for the welfare and mental and physical security of Muslims, have common aspects with insurance in many aspects and dimensions, so that by studying the rules of jurisprudence, guarantee contract, we will realize that many The jurists agree with insurance and its types in most cases. Although there are some jurisprudential rules, which oppose some of its types, but in the collection, jurisprudential laws can be considered as effective elements in regulating insurance legal laws. The present study has discussed the issue of insurance contract in the Iranian legal system and Islamic jurisprudence in a descriptive-analytical method. Because the existence of Article 44 of the Constitution and the legislator's insistence on the use of insurance and its benefits, has caused the legislator to take fundamental and safe steps in this area by enacting laws that happen to be based on Islamic jurisprudence. This indicates that the Iranian legal system gives special credit to the insurance industry and the resulting contracts.

Keywords

insurance contract
Iranian legal system
Fiqh of Imamiyya
Volume 3, Issue 8
Autumn 2020
Pages 34-58

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