Document Type : Original Article

Authors

• Mohammad Iisaei Tafreshi ¹
• Abbas Kazemi ²
• Mohammad Elahy ³

¹ Professor of the Department of Private Law at Tarbiat Modarres University

² Assistant Professor of the Department of Private Law at at Allameh Tabatabaei University–

³ PhD Student of Law at Higher Education Management and Planning Institute

Abstract

Takaful is a tool like insurance and well-known in Islamic and non-Islamic countries, and Malaysia is the leading provider of Islamic finance tools in this industry. One of the reasons for the emergence of the Takaful industry in Islamic countries is the existence of usury doubt in conventional insurance, and Mudaraba and profit sharing are among the pillars of the industry to confront this doubt.
In this paper, after expressing the operation of both pure and modified Mudaraba Patterns from the Malaysian Takaful industry, we examined this pattern from the point of view Immami and Sunni Jurisprudence. After considering the doubts and differences between these two jurisprudences (Fighs), and it would be investigated the possibility of its performance correctness in Imamieh jurisprudence.

Keywords

• Pure Mudaraba
• Takaful
• Modified Mudaraba
• Conventional Insurance