Dirasat: Sh ari’a and Law Sciences

From 2005 to 2019

ISSN 1026-3748

The Principle of Subrogation in Commercial and Islamic Insurance: (A Comparative Study)

Abstract | الملخص

This research paper discusses the principle of subrogation in both commercial and Islamic insurance in terms of definition, orientation, field, conditions, proscriptive, and effects through a comparative study between Sharia'a and Law. During this paper, it has been noticed that the principle of subrogation is legitimate in Law as it oriented to Legal Subrogation and in Sharia'a as it is oriented to proxy. Accordingly, in Law, subrogation is fulfilled within what the insurer has paid to the coinsurer only while in Sharia'a it is fulfilled within the worth of damages compensation as whole which is deposited in the coinsurers' account.

Authors | المؤلفون

Ahmad Shehdeh AbuSerhan

Keywords | الكلمات الدالة

Principle of Subrogation, Commercial Insurance, Islamic Insurance, Contemporary Financial Transactions, Islamic Jurisprudence.

References | المراجع