The research aimed to know the reality of the «Shari’a Need», and how to control and measure it. By proposing a list of criteria used in assessing their existence, consideration or elimination, and to test the criteria, the researcher applied them to a commercial insurance.
In order to achieve the goal of the research; the researcher used the inductive analytical method, by following the rules suggested by the Fuqaha’, which required an analysis of some Fuqaha’ sayings, to build standards.
The research concluded that the «Need» that some Fuqaha’ considered in the permissibility of commercial insurance does not meet these criteria in a way that supports their opinion. Accordingly; Commercial insurance in its current form is not permissible, which is the opinion of the majority of contemporary Fuqaha’.
The research recommends calibration what accepts calibration from the fundamentalist tools, which enable the mujtahid and the researcher to stand on the Shari’a ruling in a disciplined manner, and reduce the difference between the mujtahidin’s considerations of the tools and methods of ruling making.
Al-Shafei, Ahmed Mr
"Criteria for Considering the Shari’a Need when Applied to a Commercial Insurance Contract: An Applied Jurisprudential Study,"
UAEU Law Journal: Vol. 2023:
94, Article 3.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2023/iss94/3