“Tarsim”, Accıdent And Lıfe Insurances In Islamıc Law

Insurance can be defined as a contract in which the insurer is obliged to compensate for a risk that damages a person’s interest that can be measured with money, or to pay a money or perform other actions due to the life span of one or more people or some events in their lives. Since insurance was not known during the formation and administration period of fiqh, there is no explanation about insurance in our fiqh books. After the institutionalization of insurance and its spread in Islamic countries, Islamic scholars also focused on this issue. Islamic scholars, who generally expressed their opinions on this issue, said that social insurances and compulsory insurances are permissible. However, three different views have appearedabout non-compulsory commercial insurance: a) All types of commercial insurance are not permissible. b) Some part of the insurance is permissible, the other part is not permissible depending on its operation and subject. c) All types of insurance are permissible under certain conditions.

The scholars who say that commercial insurance in all its varieties is not permissible, claim that it contains elements such as ignorance, garâr, gambling and interest that are prohibited by Islam or contrary to its general principles. However, when these grounds, which claim to show that insurance is not permissible, are evaluated, it is seen that they are not of a nature to reveal that the insurance is not permissible except in a form of life insurance. In addition, the reasons put forward to prove that the insurance is not permissible actually arises from seeing the insurance contract as an exchange contract like “bey”. However, it is not an exchange contract in the form of insurance in general, accident / damage insurance in particular, paying premiums and receiving compensation; its elements and conditions are unique, it is a recent act.

The main thing in the contracts is that it is permissible; Every contract that does not contain an element contrary to the basic principles prescribed by Islam and that has all the elements and conditions that should be included in the contracts is valid. In this respect, it can be said that the insurance contract, which was not known during the formation and treatment of fiqh and became widespread in the Islamic world recently, would be permissible if it carries the aforementioned elements and conditions. On the other hand, if insurance is to be compared to one of the contracts in our classical fiqh sources, it can be said that it is most similar to bail and mutual agreement. As a matter of fact, it is valid for Hanafi, Malikis and Hanbalis to be a guarantor for an uncertain debt and the guarantor must pay this debt when necessary. Muvâlât agreement is similar to insurance in terms of undertaking the compensation one has to pay. With this agreement, when the person making the contract of muvâlâ does an act that has to pay a diet, his mawla with whom he is contracted pays his diet; If he does not leave an heir when he dies, the person who accepts the patronage will inherit it.

According to this;

1. a) “TARSİM” State-supported agricultural insurances are permissible for the benefit of the society, since there is a social security system in the State organization and does not have an element to annul or renounce the contract,
2. b) Accident insurance and life insurance without accumulation, which are similar to surety and debit contract in our classical fiqh resources, do not contain interest since they do not have an exchange contract, and that the uncertainty in the insurance is permissible because it is not in the nature of revealing the contract,
3. c) In these insurances, the insurer’s evaluation of the premiums in interest will not affect the validity of the contract; However, in accordance with the principle of helping in goodness and piety and not helping in sin and enmity, it is appropriate to prefer insurance which is known that premiums are evaluated in halal areas,
4. d) In the cumulative life insurance, provided that the premiums are paid in halal areas; At the end of the term, it is permissible to pay back these premiums and benefits once or within the framework of a specific plan, and to leave all or part of the premiums and benefits in the company and receive a salary income share;

On the other hand, it can be said that it is not permissible to leave all or part of the premiums and benefits in the company and set a fixed salary in areas that are not religiously legitimate.