التأمين بين التحريم و الإباحة

الملخص EN

This paper aims to illustrate the concept and emergence of the insurance contract, which was not known at all as in its modem from among the scholars of jurisprudence, except for a single“ fatwa” issued by the scholar of Sham Ibn Aabideen.

He stated in a footnote that what was known as “sawkara” (i.e.

insurance) was disallowed at the time .

The paper deals with particular categories of non-commercial insurance.

In this regard, it demonstrates that some types of insurance are encouraged by the Islamic Sharia.

These are the types which are implemented in a cooperative collaborative manner, so as to confront the dangers which may be encountered by some members of the Islamic society.

This work should be done in a mere voluntary way, without expecting any compensation save the reward of the Almighty, as He say: “Help ye one another in righteousness and piety, but help ye not one another in sin and rancor: fear Allah.

for Allah is strict in punishment.” (Mayeda “the Spread Table: 2).

Then, the paper deals with the commercial insurance: its types, its fundamentals and its conditions.

This is the type of insurance which emerged and spread in the Europe, and has now been transferred to the Middle East and the Islamic countries, especially the Sudan.

Finally, the paper exhibits the attitude of the Islamic jurisprudence regarding the commercial insurance in all of its forms.

It further shows the different views: some permits it; others forbid it; and a third mediocre party forbids some types and permits others.

At the end, the paper indicates the Islamic alternative of the commercial insurance