بیمه عمر از منظر فقه و حقوق اسلامی

Although, decades has passed since the creation and life insurances in Iran, this part of insurances has not found its proper position in legal and juridical system due to legal, juridical and cultural causes and because of its relationship with life and death of humans it has had a special feature and nature and has a great distinction from other insurances. Therefore, the legal main issues of life insurances are practically remained out of laws field and has caused juridical and legal problems. Jurists (Foqaha) disagree about the nature and legitimacy of Life Insurance, in that some judge it to be absolutely prohibited and the same as gambling, evidence of wagering, demarcating the fate, falsehood consumption of wealth, suspended contract, contract by a not fully grown-up adult, or betray a contract. Yet some others regard the life insurance as just as helping one another, settlement, personal bond, guarantee, leasing, deposit, future, gift, and contract of bailment, and of course legitimate, and relying on the freedom of contracts, binding authority on the parts of contracts, and sanctity of contracts, they have accepted any form of life insurance. In case, a question of doubt such as doubt about usury is proposed, it is not rooted in insurance itself and its nature, but it is a result of something out of the nature and essence of the insurance. Proponents either find the raised objections to the correctness of the insurance contract such as no mandatory guarantee, betraying, and suspension, invalid for insurance contract, or perceive their evidence not adequate enough to justify their discussion.