التأمين التكافلي على السيارات بين شركتي ليبيا للتأمين والإخلاص للتكافل بماليزيا: دراسة تطبيقية مقارنة
This study aims to clarify the realities of Motor Insurance, by indicating the lawful nature of Motor Insurance Contract and the related rules to Motor insurance as well as the theoretical aspects of the provisions of motor insurance. This study examines the implementation of Motor Insurance as prac...
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| Summary: | This study aims to clarify the realities of Motor Insurance, by indicating the lawful nature of Motor Insurance Contract and the related rules to Motor insurance as well as the theoretical aspects of the provisions of motor insurance. This study examines the implementation of Motor Insurance as practiced in Libya Insurance Company as well as Syarikat Takaful Ikhlas, a company in Malaysia. This study examines the operational process of the takaful fund in both institutions, the terms of agreement as well as the differences in the agreement which might raise due to absence of independence in both corporate and financial liabilities in Takaful Fund. Several issues and obstacles were identified by the researcher which include, issues related to insurance surplus and how to manage it as regard to the differences in the investment of the fund money. In order to achieve the objectives of this study, the researcher used the inductive method to analyse the existing opinions and debates from the jurists and legal experts in this area. The researcher also used the critical analysis method to analyse the existing views and evidences before proposing opinions about this matter. Besides that, the researcher also applies comparative method, by conducting fieldwork study to find out the applications and practices of motor insurance in both institutions. This study found that the permission of motor insurance as practiced in Libya Insurance Company as well as Al-Ikhlas Takaful Company in Malaysia. It is also is based on Contract of Agency and the principle of donation as being agreed by the parties and it is to comply with international regulations and standards and the purposes of Islamic law. The operational method of the Motor Takaful System in both institutions. In addition, the study also shows that there are differences in generating excess insurance. There is also differences when investing funds of the Takaful Fund, due to the absence of the juristic personality of the Takaful Fund , which can only be supplemented by adopting the standardized takaful model, such as the endowment model, through the establishment of unified accounting standards and the solid legal bases in Malaysia has contributed to push the Takaful industry forward , which will have an effective effect method in filling the legislative deficit related to Takaful industry in Libya. |
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