عقد التأمين التجاري بين الغرر و الحاجة الفقهية : دراسة تحليلية مقاصدية

الملخص EN

The paper addresses the effects of risk (aleatory contract) and the jurisprudential need for the legitimacy of commercial insurance contracts.

It defines the notion of risk and its effect on contracts.

It also exposes the problem of achieving the aim of preventing risk (aleatory contracts) by analyzing the degree and reasons for its illegitimacy while distinguishing between major and minor risks in aleatory contracts.

The paper equally invokes the vision of Jurists who validate the insurance contract through an overall view that is contrary to the traditional one.

Besides, the study draws on the meaning of the need in both the jurisprudence and the principles of Fiqh by relating them to the concept of aleatory risk.

The study includes a number of jurisprudenctial arguments and fatwas issued by the jurists of the four doctrines and how they balanced between the interest and risk in those aleatory contracts.