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Jordan Journal of Islamic Studies

Jordan Journal of Islamic Studies

Abstract

The contractual relationship governing the system of Islamic insurance is the safety valve for the public restructuring in the insurance industry, so that subtle differences between insurance in its Islamic and traditional image became a threat by the presence of fraud or serious negligence on commitment to the origin of the relationship that govern out the contract, and in spite of jurisprudence contemporary scholars in trying to formulate precise control of contractual relations between the parties to the process of insurance, fears still exist between time and the other about the nature of the conditioning of the insurance contract, this study comes in internalized images of contractual relations of attempting to serious formula in a statement about the fact that this treatment away from suspicion and criticism.

It concluded that the contract of insurance is a private contract governed by a strict private system that merges several fragmented contractual relations, which in turn deal with the risk by dispersing and fragmentation its effects with the cooperation of the total number of participants, and that the nature of the contract relates to jurisprudential and fundamental principles based on necessity, interest, and the require of the emergence of a new type of transaction required by evolution.

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