Reinforcing policy and legal framework for Islamic insurance in Islamic finance: towards achieving Saudi Arabia Vision 2030

Yusuff Jelili Amuda, Sarah Alabdulrahman
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The purpose of this paper is to deeply explore policy and reinforcement of the legal framework of Islamic insurance as essential bedrocks in Islamic finance that are Shari’ah compliant to achieve Saudi Vision 2030 for overall sustainability of all spheres of human endeavours in the country.\n\n\nDesign/methodology/approach\nContent analysis and systematic literature review are used as methodological approaches in this paper. There are various sources of accessing secondary data used in this study such as online peer review, journals and library-based sources. Through the exploration of various secondary data, five major themes were identified in this study, namely, policy, legal framework, Islamic insurance, Islamic finance and Saudi Vision 2030. Analysis of various themes were done systematically in this paper. The methodology provides theoretical and practical foundations for reinforcing policy and legal framework for Islamic insurance, specifically in Islamic finance to achieve Vision 2030 in Saudi Arabia. It is the policy and legal framework that can provide necessary dynamics for strengthening Islamic insurance in particular and Islamic finance in general towards attaining sustainable Vision 2030 in the country.\n\n\nFindings\nThe paper demonstrated that policy period is explicitly associated with Islamic insurance, whereby Takaful insurance is regarded as policyholder rather than shareholder-oriented. Similarly, it is established that there is need to specifically mention the policy period and the nature of contract in Islamic insurance should not be limited to only mutual cooperation among the participants in connection with the losses but it should capture element of sharing income generated from investment between insurer and policyholders using predetermined ratio for such as provided with theoretical legal framework (Shari’ah) in connection with Islamic insurance model as an integral part of Islamic finance.\n\n\nResearch limitations/implications\nIt will depart completely from conventional insurance where borrowing of funds and investment are put at fixed interest (Riba), uncertainty (Gharar) and speculative ideas (Maisir). Avoidance of different elements ascribed with conventional insurance would enable Saudi Arabia to strengthen financial system and boast economic development with an emphasis on an effective policy and efficient legal framework towards attaining Vision 2030 in the country.\n\n\nPractical implications\nThe methodology provides theoretical and practical foundations for reinforcing policy and legal framework for Islamic insurance, specifically in Islamic finance to achieve Vision 2030 in Saudi Arabia.\n\n\nSocial implications\nConventional insurance creates a gap in financial system across the world that manifests from the global financial and economic crisis. There is an increasing demand for insurance scheme that will bridge the gap of financial and economic crisis globally. 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Avoidance of different elements ascribed with conventional insurance would enable Saudi Arabia to strengthen financial system and boast economic development with an emphasis on an effective policy and efficient legal framework towards attaining Vision 2030 in the country.\n","PeriodicalId":46125,"journal":{"name":"International Journal of Law and Management","volume":" ","pages":""},"PeriodicalIF":1.3000,"publicationDate":"2023-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Journal of Law and Management","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1108/ijlma-03-2023-0045","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 2

Abstract

Purpose Conventional insurance creates a gap in the financial system across the world that manifests from the global financial and economic crisis. There is an increasing demand for insurance schemes that will bridge the gap of financial and economic crisis globally. More recently, there is an advocacy in Saudi Arabia for achieving Vision 2030 by various facets of human endeavours such as strengthening financial markets and boasting economic development. The purpose of this paper is to deeply explore policy and reinforcement of the legal framework of Islamic insurance as essential bedrocks in Islamic finance that are Shari’ah compliant to achieve Saudi Vision 2030 for overall sustainability of all spheres of human endeavours in the country. Design/methodology/approach Content analysis and systematic literature review are used as methodological approaches in this paper. There are various sources of accessing secondary data used in this study such as online peer review, journals and library-based sources. Through the exploration of various secondary data, five major themes were identified in this study, namely, policy, legal framework, Islamic insurance, Islamic finance and Saudi Vision 2030. Analysis of various themes were done systematically in this paper. The methodology provides theoretical and practical foundations for reinforcing policy and legal framework for Islamic insurance, specifically in Islamic finance to achieve Vision 2030 in Saudi Arabia. It is the policy and legal framework that can provide necessary dynamics for strengthening Islamic insurance in particular and Islamic finance in general towards attaining sustainable Vision 2030 in the country. Findings The paper demonstrated that policy period is explicitly associated with Islamic insurance, whereby Takaful insurance is regarded as policyholder rather than shareholder-oriented. Similarly, it is established that there is need to specifically mention the policy period and the nature of contract in Islamic insurance should not be limited to only mutual cooperation among the participants in connection with the losses but it should capture element of sharing income generated from investment between insurer and policyholders using predetermined ratio for such as provided with theoretical legal framework (Shari’ah) in connection with Islamic insurance model as an integral part of Islamic finance. Research limitations/implications It will depart completely from conventional insurance where borrowing of funds and investment are put at fixed interest (Riba), uncertainty (Gharar) and speculative ideas (Maisir). Avoidance of different elements ascribed with conventional insurance would enable Saudi Arabia to strengthen financial system and boast economic development with an emphasis on an effective policy and efficient legal framework towards attaining Vision 2030 in the country. Practical implications The methodology provides theoretical and practical foundations for reinforcing policy and legal framework for Islamic insurance, specifically in Islamic finance to achieve Vision 2030 in Saudi Arabia. Social implications Conventional insurance creates a gap in financial system across the world that manifests from the global financial and economic crisis. There is an increasing demand for insurance scheme that will bridge the gap of financial and economic crisis globally. More recently, there is an advocacy in Saudi Arabia for achieving Vision 2030 by various facets of human endeavours such as strengthening financial market and boasting economic development. Originality/value With this emphasis, it will depart completely from conventional insurance where borrowing of funds and investment are put at fixed interest (Riba), uncertainty (Gharar) and speculative ideas (Maisir). Avoidance of different elements ascribed with conventional insurance would enable Saudi Arabia to strengthen financial system and boast economic development with an emphasis on an effective policy and efficient legal framework towards attaining Vision 2030 in the country.
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加强伊斯兰金融中的伊斯兰保险政策和法律框架:实现沙特阿拉伯2030年愿景
目的传统保险在全球金融和经济危机中造成了金融体系的缺口。对保险计划的需求越来越大,这将弥合全球金融和经济危机的差距。最近,沙特阿拉伯倡导通过加强金融市场和吹嘘经济发展等人类努力的各个方面来实现2030年愿景。本文的目的是深入探讨伊斯兰保险的政策和法律框架的加强,伊斯兰保险是伊斯兰金融的重要基石,符合伊斯兰教法,以实现沙特2030年愿景,实现该国人类事业各个领域的整体可持续性。设计/方法论/方法内容分析和系统文献综述是本文的方法论方法。本研究中使用的二级数据有各种来源,如在线同行评审、期刊和图书馆来源。通过对各种二次数据的探索,本研究确定了五个主要主题,即政策、法律框架、伊斯兰保险、伊斯兰金融和沙特2030愿景。本文对各种主题进行了系统的分析。该方法为加强伊斯兰保险的政策和法律框架提供了理论和实践基础,特别是在伊斯兰金融领域,以实现沙特阿拉伯的2030愿景。正是政策和法律框架可以为加强伊斯兰保险和伊斯兰金融提供必要的动力,以实现该国可持续的2030年愿景。研究结果表明,保单期与伊斯兰保险有着明确的联系,Takaful保险被视为投保人而非股东导向。类似地,已经确定,有必要特别提及保险期和伊斯兰保险合同的性质,不应仅限于参与人之间就损失进行的相互合作,而是应包括保险人和投保人之间使用预先确定的比例分享投资产生的收入的要素,如与伊斯兰保险模式相关的理论法律框架(伊斯兰教法)是伊斯兰金融的一个组成部分。研究局限性/含义它将完全脱离传统保险,即以固定利率(Riba)、不确定性(Gharar)和投机思想(Maisir)借入资金和投资。避免传统保险的不同因素将使沙特阿拉伯能够加强金融体系,并以经济发展为荣,强调有效的政策和有效的法律框架,以实现该国的2030年愿景。实际含义该方法为加强伊斯兰保险的政策和法律框架,特别是在伊斯兰金融领域,以在沙特阿拉伯实现2030年愿景提供了理论和实践基础。社会影响传统保险在全球金融和经济危机中造成了金融体系的缺口。对保险计划的需求越来越大,这将弥合全球金融和经济危机的差距。最近,沙特阿拉伯倡导通过加强金融市场和吹嘘经济发展等人类努力的各个方面来实现2030年愿景。独创性/价值通过这种强调,它将完全脱离传统保险,即以固定利率(Riba)、不确定性(Gharar)和投机思想(Maisir)借入资金和投资。避免传统保险的不同因素将使沙特阿拉伯能够加强金融体系,并以经济发展为荣,强调有效的政策和有效的法律框架,以实现该国的2030年愿景。
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来源期刊
CiteScore
3.90
自引率
6.70%
发文量
13
期刊介绍: The International Journal of Law and Management is a leading journal addressing all aspects of regulation and law as they impact on organisational development, operations and leadership. Organisations and their leaders operate in an increasingly complex world of emerging regulation across national and international boundaries. The International Journal of Law and Management seeks to acknowledge the dynamics of that environment and provide a platform for articles and contributions to stimulate scholarly debate in the development of law and practice. The International Journal of Law and Management seeks to present the latest research on policy, practice and theoretical perspectives and their impact on the development and leadership of organisations. Contributions of a multi-disciplinary nature are welcome. Coverage includes, but is not limited to: -Employment and industrial law- Corporate governance and social responsibility- Intellectual property- Corporate law and finance- Insolvency- Commercial law and consumer protection- Environmental law- Taxation- Competition law- Regulatory theory
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