التأمين و نظام العاقلة

Abstract EN

Compensation of loss in the event of accidents and incidents has always been one of human concerns.

In the past, this was resolved by one’s family and heirs under the title of wise guarantee, so that the one returned to preaccident state.

This is also confirmed in Islam.

Nevertheless, the technology improvement and its unresponsiveness led to the creation of the insurance industry.

However, some jurists found insurance in conflict with some principles of jurisprudence, so they either opposed to it or justified it under the guise of wise guarantee.

This article while comparing the two proves that although these two have similarities, they are different in terms of definition, subject, domain and nature.

In fact, their relationship is that of public and private on the issue, since the subject and scope of insurance is absolutely wider than those of wise guarantee.

Furthermore, insurance is an independent and legitimate sort of contract, and it does not necessitate to be justified under any heading including the wise guarantee