The role of the jurisprudential council of the insurance industry in the implementation of takaful in the country

According to the financial news report, citing the public relations and international affairs of the Insurance Research Institute, this council is chaired by Seyed Ali Hosseini, and Mohammad Mahdi Asgari, the head of the Insurance Research Institute, Yaqoub Ali Borji, Abedin Tasesh Esfandiari, and Mohammad Kazem Rajaei are members of this council.

Since the first meeting of the Jurisprudence Council was held on 7 Shahrivar 1401, 20 meetings of this council have been held in Tehran (Insurance Research Institute) and Qom.

“Systematization of Imami jurisprudence in the contemporary era and emphasis on the conformity of insurance decisions and approvals based on Sharia standards and Jafari jurisprudence”; “Politicizing the activities of the Jurisprudence Council”; “Study of takaful in the countries in implementation with a descriptive, analytical and critical approach to the cited contracts such as proxy, mudarabah, gift, endowment and…”; “Examination of Takaful Executive Regulations of Moeen Iran Reinsurance Company”; “Examination of Takaful Executive Regulations of Sarmad Insurance Company”; “Examination of Takaful Executive Regulations of Amin Reinsurance Company”; “Designing meetings and academic chairs regarding the place of contracts in takaful based on Shia jurisprudence”, “Summary of the report of the insurance jurisprudence council” and “Explaining the implementation model of takaful model based on the view of Imam Khomeini (RA) in Tahrir al-Wasila” are among the most important topics. in the meetings of the jurisprudential council of the insurance industry.

Based on this report, the Insurance Jurisprudence Council proposes two types of contracts for takaful in the Islamic Republic of Iran; First, the peace contract, which is a necessary contract and can leave the hands of the takaful giver and the takaful receiver free in the wide dimensions of takaful equal to the peace that is made, and second, the company contract, which although a contract is permissible and some have considered it necessary, but there are fewer problems than others. Contracts are permissible and have been given special attention by some contemporary jurists.
As a result of 153 hours of study and review conducted by the Insurance Jurisprudence Council, in addition to referring to Shia jurisprudence texts, Sunni jurisprudence texts were also referred to, and special attention was paid to the fact that the takaful industry can be open to other nations, especially Muslim countries, beyond the borders of Iran. has been Therefore, the mentioned contracts have been proposed with a view to a wide range of audiences in the country and abroad.

In the recent meeting of the Insurance Industry Jurisprudence Council, the operational model of the takaful model was explained based on the view of Imam Khomeini (RA) in the book Tahrir al-Wasila, by Fazla of Mashhad Seminary. In this meeting, by presenting the background of discussion in the works of takaful, the theory of Imam Khomeini (RA), jurisprudence sayings similar to Imam’s theory and considerations and presuppositions in this field were explained. Also, while pointing out the problems and challenges of the theory and completing Imam Khomeini’s view on the takaful model by presenting the theory of mixed provision, discussions were raised in the field of implementation and operationalization of the theory and other existing models.