Abstract
This paper examines how Islamic jurists have approached the commercial insurance contract, focusing on its legal characterization and the main doctrinal arguments advanced for prohibition or permissibility. It discusses key issues such as uncertainty (gharar), usury (riba) and gambling-like elements (maisir), and reviews the reasoning used to reconcile modern insurance with classical contract categories. The article also highlights alternative models, including cooperative/takaful arrangements, as responses to these debates.
Recommended Citation
Jouhar, Mohamed
(1988)
"The Position of Islamic Jurists on the Commercial Insurance Contract,"
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management): Vol. 7:
Iss.
2, Article 22.
Available at:
https://scholarhub.univh2c.ma/remadeg/vol7/iss2/22