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In the name of allah the almighty most gracious merciful god

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In the name of allah the almighty most gracious merciful god Powered By Docstoc
					The Arabian Saudi Kingdom
The ministry of high education
Imam Mohammad Ibn Saud
University
The high institute of judgement
Department of Shariaa’s policy




      Insurance Against Others
        An originating study

          A summary for the completing search for getting
                       The master degree



                             Supervised by
                 Dr. Saud Bin Mohammad Albisher
             Participating professor of teaching systems at
                    The high institute of judgement




                           Prepared by
                Waleed Bin Souliman Al Romikhan




                      Study year 1426- 1427 (H)


                                   1
      In the name of allah the almighty most gracious
                        merciful god


      Thanks for god who sent down his holly book to be a light
source for all humanity , and to be a gudical judgement for all his
creatures , and our prayers an salution for the most honorable
prophet in all prphets and messengers : the one who said :” I left for
you what is to be kept and in that case you will never get lost after
me each one is greater than the other : the book of Allah a tied robe
from the sky to the earth and my home inhabitants they will not be
separated untill the moment they reach the pool , see how to follow
me in that “ (1) afterthat :
     That is no doubt that the Hanif religion invites all the muslims to
co-operate and to support one another . our great god said “ you are
the best nation introduced for all nations to call for the good and
forbid the bad ” (2) , and our prophet says : “ like faithfull people in
their mercy and cooperation like the body if an organ is hurted, all
organs are affected by awakeness and fever ” (3) it is not hidden that
the ways of cooperation and support are several ones , one of them is
what is called , nowadays , the the cooperative insurance companies
, it is undoutable that these companis will be the one of the great
doings and the magnificant works in case that they obey the
shariaa’s conditions . the matter of insurance is not anew matter to
be discussed , scientists discussed the matter several years ago , that
matter of discussion had attracted much attention and study , the new
matter to be discussed is the obligation of that insurance , as some
countries make the insurance for cars and liscences is obligant .


   (1) produced by Al- Termzy in his sonnas , the book of Al
       Manakip about the God messenger , hadith no., 3720 , and
       Ahmad in the rest of mosnad Almokathreen hadith no.,
       11135,10779,10707,10681 , a strange accepted hadith .
   (2) Sora of AL-EMRAN , ayat : 110


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   (3) Directed by AlBOkhary in his ADAB ,hadith no., 5552, and
       muslim in his book Albir , Alselah ,and Aladab hadith no.,
       4685


It is not a hidden matter that scientists had divided the insurance into
two divisions :


   a- commercial insurance , in which the profit is for the company ,
      not for the faithful people , and that is forbidden by all
      scientists , and also by the the biggest scientists headquarter .


   b- coperative insurance in which the profit is to the faithful
      people , in that kind of insurance, the valuable meanings are
      apparent for coperation and support and also for insurance
      against the others - where the insyrant company is incharge of
      covering the other side losses only but for the one for whom is
      the insurance put - under those two divisions the company is
      classified according to contract it makes , the great shiekh /
      Abd El Aziz Bin Abdallah AL Al- shiekh about the insurance
      against others and he said : if the beholder obliged you , it is
      not a problem .


        It is known that in the kingdom applies the system of
insurance on the driving license while in many other companies they
apply the insurance on the car , the last might be better and favorable
, as it is easier for people and prevents tricks as the driver could be
substituted but he couldn not be . moreover , if there is only one car
in the house for three men to use it so the three men only have to get
only one insurance , on cotrary with insurance for the driving license
in which the three men should have three insurances.
One of the general administration for traffic clerks told me that they
work hard to make the insurance for the car not for the driving
license .

                                   3
The countries made that an obligation according to prblems of
escaping from the duties they are obliged to because of the accidents
they make , that matter lead to the prisins overcrowdedness due to
these claims , and staying at prison for along time as they are unable
to pay back , in that case the damage is forwarded to the victim as
well ( the right owner ) as he is obliged to repair his car by himself if
he is able to , or to stay for a while making no use out of it , that’s
why I tried to study to originate that matter according to shariaa’s
rules , and to put matters in the correct track , on my visit to one of
the biggest companies which works on insurance for cars in the
saudi kingdom , the national company for coperative insurance , I
discovered that they have no certain rules for the the company work
and other companies as well, that leads to a lot of new problems ,
that’s why I decided my mind asking for god’s help to search in the
matter .




Reasons for choosing that matter :


   1- rarity of studies and the low number of searches on the matter
      of insurance against others , specially that the kingdom is
      considered to be the only country to make the insurance on the
      driving license is to be an obligation , the other countries make
      the insurance on tha car , as it is mentioned before .
   2- the many discutions about the matter , and wondering whether
      it is co-operative insurance according to shariaa’s rules or it is
      a commercial insurance ?
   3- a lot of people feeling imparressed of that kind of insurance ,
      specially after the obligation of it .
   4- we all hear about the many conflicts between the insurance
      companies and the the insuranced as the matter is not
      completely clear .


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   5- the matter is so close to my work duties.




The previous studies :


As a matter of fact , the studies on that matter ( insurance against
others ) in the Arabian Saudi Kingdom are nearly rare, it is only
some articles in the newspapers and on the internet , that may be
because of no existence for a complete system for the matter , as the
only published in the matter is the decision of the ministers council
number 222 on 13/8/1422 (hegri) which made insuranc on the
license an obligation , and there are some other books on the car
insurance, but all of them are on systems and laws of other countries
, I my self don’t know about a book studied that matter according to
the Saudi system.




The search difficulties :


On my search on the matter I faced some difficulties like :
   1- ther is no integerated system which put the work in order .
   2- the rarity of references on the matter , and if it is existent , they
      don’t serach the matter according to the shariaa’s rules .
   3- the companies which have such systems of insurance have no
      procedural mechanism from the state around that insurance.


through the chapters of that search the results and recommendations
are as follows :




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firstly: results of the search :
(1) the chosen definition of insurance against others systematically
    and according to shariaa’s rules is : a contract that make the
    payer is obliged to pay on behalf of the insuranced the value of
    civilian or criminal responsibilties in the wrong doing
    systematically when accidents take place or when it causes
    deaths or injury to others , or his possessions damage, that’s
    according to his own participation which he pays .


(2) the four tasks of insurance against others :


      a- it is a way of feeling secured .
      b- it is concidered tobe a factor of prevention .
      c- it is a way of making money .
      d- it is a way of credit .
(3) insurance against others has nine properties :
      a- it is a contract .
      b- it is a consistency contract .
      c- it obligant for both sides .
      d- it is a compensatory contract .
      e- it is a possibility contract .
      f- it is a time contract .
      g- it is a submission contract .
      h- it is from the good intentions cntracts .
      i- it is from the coperation methods .
(4) the prohibited deals are due to three rules :
      a- the rule of usury and its kinds .
      b- the rule of harming and it’s kinds .



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      c- the rule of cheating including tricking , misleading and
         illusion with all its kinds .



 so every deal has no one of the previous rules is available .




(5) insurance against others has three conditions :


     a- danger
     b- the value of insurance (installment).
     c- The amount of mony for insurance.
     d- The insurance sake .


(6) all Fikh scientists agreed that insurance aiming to no profit
    is avialable according to shariaa’s rules, they didn’t have
    one opinion about the insurance aiming to profits , they
    had four opinions :


the firs opinion : never to make insurance contract available at all.
The second opinion : the insurance contract is possible.
The third opinion : the cooperative insurance is possible but the
commercial insurance is prohibited.


The most acceptable opinion is the third .


(7) it is available to make insurance on the car obligatory but on
condition that the obligation maker should see that the insurance is
possible ( either through thinking or through imitaion ) because the
leader’s decision on his felollows is up to sake .

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(8) it is better to prepare well for that obligation not to make people
refuse it .
 (9) it is necessary for individuals in the society to apply that system
due to obying the leader and making his decision into practice ; and
also because the leadre’s decision prevents conflicts , and it is
carrying out the less damaging doing .


(10) if the muslim deserves the insurance compensation and he
believes in the possibility of taking it .


(11) the one who does not believe in the possibility of insurance but
he is obliged to carry out the decision so he is judged to take it , it is
possible for him to take the insurance compensation .


(13) the insurance payer is obliged to :
     a- to take the responsibility of the insuranced for danger
        happening consequences .
     b- producing th insurance documents according to the spcified
        standards .
     c- the insuranced one should read the conditions , judgements
        and exceptions of the document before signing it .
     d- replying to      clients   complaints    within    fifteen   days
        maximumly.
     e- The insurance company has the right to lay down some
        compulsions on condition that putting it in the contract.


(14) the insuranced has some compulsions :
    a- to show up at the time of signing the contract all conditions
       that are known for him , and those which are important for
       the insurance payer


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    b- to pay the installment
    c- to tell the insurance payer about any conditions that could
       increase the amount of danger at the time of carrying out the
       contract .
    d- to tell the insurance payer aout the insuranced accident taking
       place .
          (15) there are some resaons for the insurance against
               others contract ending , not for the time getting over :
           a-   ending because of the insuranced not paying the
                installment money.
           b-   Ending because of the inuranced thing damage ( the
                license) .
           c-   Possiblity of ending because of the possession
                transmission to another one .
           d-   Ending because of the insuranced bankrupt .
           e-   Ending because of the insurance payer bankrupt .
           f-   Ending according to the both sides agreement and
                acceptance .


           g-   (16)The Arabian Saudi monetary institution is
                concerned with supervising the cooperative
                insurance companies .
           h-   (17)The     Saudi      organizer    assigned      some
                responsibilities the cooperative insurance companies
                should keep it for the supervision institutions .
                  (18) in the case of the cooperative insurance
                       companies conditions infringement it is
                       possible to carry out punishments on the
                       wronged company .
(19) judging the conflicts in which the companies are on a side of it
is done by one or more committees formed by a decision of the
ministers council .

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(20) it is possible to complain from the committee decisions at the
court of complaints .


Secondly: Recommendations


           (1) to produce an independent certain              system
               concerning insurance against others
           (2) to strenthen the supervision procedures on the
               insurance companies which produce insurance
               documents through ads., in the news papers , and
               also strenthen the subervision on the withdrawn
               companies from the market for fear that they may
               have some other compulsions .
           (3) to consider all the permitted insurance companies
               rigid ones at the general traffic administration , but
               for the unpermitted companies they should be
               stopped working and also to judge it’s leaders , as it
               misleads people .
           (4) to assign some committees according to shariaa to
               clear the side of every insurance company to make
               its contracts and documents islamic.


      So I ask the Almighty great God to make muslims see the right
as right and to help them to follow it , and also to make them see the
wrong as wrong ,and to help them to avoid it . our last invaction is
thanking our most gracious merciful god .
      Peace be upon our great prophet mohammad (PBUH) and all
his people, fellows and friends .




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