Al-Dhara'i and Maqasid al-Shariah: a case study of Islamic insurance

This paper aims at exploring the concept of al-dhara'i in its broad meaning, both at the preventive and proactive levels (sadd and fath aldhara'i). The application of al-dhara'i at both levels plays a significant role as a practical mechanism towards the realisation of maqasid, due t...

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Main Author: Abdul Aziz, Akhtarzaitie
Format: Article
Language:English
Published: IIUM Press 2010
Subjects:
Online Access:http://irep.iium.edu.my/13360/1/161.pdf
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author Abdul Aziz, Akhtarzaitie
author_facet Abdul Aziz, Akhtarzaitie
author_sort Abdul Aziz, Akhtarzaitie
collection IIUM
description This paper aims at exploring the concept of al-dhara'i in its broad meaning, both at the preventive and proactive levels (sadd and fath aldhara'i). The application of al-dhara'i at both levels plays a significant role as a practical mechanism towards the realisation of maqasid, due to the cause effect relationship between means and objectives. Thus, the legality or the Shariah value of an act could be determined based on its possible results in procuring benefits and/or preventing harm. Islamic Insurance has been considered a new development in fiqh al-muamalat. The current debate is not on the question of legality of insurance as a concept and practice but rather to provide an Islamic model of insurance that conforms to the criteria of the Shariah that helps realise its objectives. Due to the unavailability of direct texts on this issue, some practical aspects of insurance depend largely upon the predominance of either beneficial or evil ends. This paper will, therefore, look into some controversial issues prevailing in insurance practice and an attempt will be made to review the issues within the framework of realisation of Maqasid al-Shariah via the application of dhara'i both at preventive and proactive levels.
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spelling oai:generic.eprints.org:133602011-12-28T01:24:56Z http://irep.iium.edu.my/13360/ Al-Dhara'i and Maqasid al-Shariah: a case study of Islamic insurance Abdul Aziz, Akhtarzaitie HG8011 Insurance This paper aims at exploring the concept of al-dhara'i in its broad meaning, both at the preventive and proactive levels (sadd and fath aldhara'i). The application of al-dhara'i at both levels plays a significant role as a practical mechanism towards the realisation of maqasid, due to the cause effect relationship between means and objectives. Thus, the legality or the Shariah value of an act could be determined based on its possible results in procuring benefits and/or preventing harm. Islamic Insurance has been considered a new development in fiqh al-muamalat. The current debate is not on the question of legality of insurance as a concept and practice but rather to provide an Islamic model of insurance that conforms to the criteria of the Shariah that helps realise its objectives. Due to the unavailability of direct texts on this issue, some practical aspects of insurance depend largely upon the predominance of either beneficial or evil ends. This paper will, therefore, look into some controversial issues prevailing in insurance practice and an attempt will be made to review the issues within the framework of realisation of Maqasid al-Shariah via the application of dhara'i both at preventive and proactive levels. IIUM Press 2010 Article NonPeerReviewed application/pdf en http://irep.iium.edu.my/13360/1/161.pdf Abdul Aziz, Akhtarzaitie (2010) Al-Dhara'i and Maqasid al-Shariah: a case study of Islamic insurance. Intellectual Discourse, 18 (2). pp. 261-281. ISSN 0128-4878 http://www.iium.edu.my/intdiscourse/index.php/islam/article/view/161/161
spellingShingle HG8011 Insurance
Abdul Aziz, Akhtarzaitie
Al-Dhara'i and Maqasid al-Shariah: a case study of Islamic insurance
title Al-Dhara'i and Maqasid al-Shariah: a case study of Islamic insurance
title_full Al-Dhara'i and Maqasid al-Shariah: a case study of Islamic insurance
title_fullStr Al-Dhara'i and Maqasid al-Shariah: a case study of Islamic insurance
title_full_unstemmed Al-Dhara'i and Maqasid al-Shariah: a case study of Islamic insurance
title_short Al-Dhara'i and Maqasid al-Shariah: a case study of Islamic insurance
title_sort al dhara i and maqasid al shariah a case study of islamic insurance
topic HG8011 Insurance
url http://irep.iium.edu.my/13360/1/161.pdf
work_keys_str_mv AT abdulazizakhtarzaitie aldharaiandmaqasidalshariahacasestudyofislamicinsurance