Artigo Acesso aberto Revisado por pares

Juristic Views on Riba, Gharar and Qimar in Life Insurance

2016; Volume: 7; Issue: 2 Linguagem: Inglês

10.52282/icr.v7i2.263

ISSN

2041-8728

Autores

K. M. Zakir Hossain Shalim,

Tópico(s)

Legal Studies and Policies

Resumo

Throughout the Muslim world, the issue of whether life insurance involves unlawful elements of ribe, gharar and qimer continues to be debated. A heated controversy has been raging over this problem, with Muslim jurists becoming divided into two distinct groups: those who have argued that ribe, gharar and qimer are all in some way involved in life insurance (thereby making the latter Iarem) and others who have denied these arguments. Interestingly, both groups have supported their views with proofs from the sources of Islamic law, creating much confusion in the Muslim world. Hence, this paper examines the different juristic arguments and counter arguments on this issue in order to determine the preferable view. Ultimately, the paper concludes that, conceptually speaking, there is no gharar, ribe, or qimer in conventional life insurance. However, in order for conventional life insurance to be admissible in Islam, the paper has recommended some policies for insurance companies and participants to follow.

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