مدى صلاحية نموذج الالتزام بالتبرع لتأصيل العلاقة بين حملة وثائق التأمين و شركة التأمين الإسلامي : دراسة فقهية تحليلية

الملخص EN

In the light of the legitimate and methodological problems that inhabits the model of Observance of Donation; These problems led to an increasing doubt from the Islamic researchers about the credibility of the model of Observance of Donation as a foundation for the relationship between policyholders and insurance company, and questioning further the efficiency of the model in covering different insurance sectors.

These doubts emerged from the weak points that inhabits the model of the Observance of Donation, some of these weak points include: the lack of compatibility between the intentions of the customer and the company i.e.

'the holders of the property-rights and the company administration’ for donating or compensating for the sake of gaining profits.

Moreover, the contraction system includes ignorance about the conditions from the side of the customer; furthermore, the ignorance is accompanied by a kind of compliance from the side of the customer, as well as.

looking for baring lower risk and achieving more profits than the conventional insurance companies from the side of the Islamic Insurance Company, which confirms the idea that the Islamic insurance companies are a Commercial Companies, and in addition is the attempt to simulate non-lslamic products.