قاعدة "التابع تابع" و تطبيقاتها في شركات التأمين الإسلامية

Abstract EN

The study aimed to identify the general meaning of the rule: “the follower is follower”, evidence of its legality, show the applications of the rule “the follower is follower in Islamic insurance contracts and mention the applications of the rule: “ the follower is follower in the reinsurance contracts.

In order to achieve this objective, the study adopted the inductive and deductive method where the applications of the rule were inducted: the follower is follower and its minor rules in Islamic insurance companies and deduct the relation between those applications and the rule “ the follower is follower through showing the effect of those rules in which leads to show its legal judgment.

The study included three topics; the first topic dealt with a general definition of the rule “the follower is follower and evidence of its legality, the second topic dealt with the applications of the rule “the follower is follower in Islamic insurance contracts and the third topic dealt with the applications of the rule “the follower is a follower in reinsurance contracts.

The study concluded that the jurisprudence rule is an origin included several issues and partials of different chapters of jurisprudence and its branches.

The general meaning of the rule “the follower is follower lies in what else is dependent to others in the existence has a dependent by the rule; thus, what applies to the follower applies to the followed by the rule; so, what follows others in existence follows it by rule.

In addition, the insurance contract by itself is considered to be of the dependence ones which considered as an application to the rules of dependence.

The Insurance surplus is considered in the Islamic insurance companies as dependence not intended originality where the solidarity insurance is based on donation contract.

Subsequently, the subscriber donates with the subscription at the beginning but the intention is not the occurrence of insurance surplus, and if the surplus occurred, its ruling is the rule of its origin which is applied in term of the property as it is not intended to be originality but dependence.