Author
AYDIN, Aytaç, ÜSTÜN, Yusuf
Subject
Cooperative insurance, Islamic law
Type
Book
Language
ara,eng,tur
Digital
Yes
Manuscript
No
Library
Royal Danish Library
Library Asset ID
ISSN: 2757-6949, EISSN: 2757-6949, DOI: 10.14395/hid.929501
Record ID
cdi_doaj_primary_oai_doaj_org_article_b9afc6f028154d19a7689a16f8407cf6
Library Location
EBSCOhost Academic Search Complete
Notes
Cooperatives are a type of company that works using the tools of "mutual aid, social solidarity and surety among its partners" and has a widespread application in our country and the world. The practice of cooperatives in our country has a long history, starting from the Ottoman period. Today, cooperatives are essentially regulated by Law No. 1163. Although cooperatives, like insurance companies, emerged from the need for social solidarity, they differ from them in many ways. The fact that insurance companies are profit-oriented and that in conventional insurance, the funds collected belong entirely to the company, regardless of whether the risk provided is realized or not, brings to the agenda the search for a more fair solution for those who need insurance. In this context, cooperative insurance in accordance with the principles of Islamic law stands out as a suitable model. There are not enough independent academic studies examining the legal nature of the cooperative in terms of Islamic law. Therefore, the aims of our study are; We can express it as determining the legal nature of cooperatives in terms of Islamic law, evaluating participation insurance through cooperatives in terms of Islamic Insurance and Islamic Law, and making suggestions for an applicable cooperative insurance structure according to Islamic law. In this study, the nature and functioning of today's cooperative practices are revealed, taking into account the cooperative principles accepted by the International Cooperative Association (ICA); The financial stability and participation promotion in the country was evaluated by analyzing the difference between associations and capital companies. The issue of cooperatives was analyzed in terms of Islamic law by revealing the opportunities offered by platform cooperatives, which developed as a continuation of traditional cooperatives and where the traditional cooperative structure and the digital economy were integrated. A cooperative insurance system operating in accordance with Islamic law is in line with maqasidu'sh-shariah (Islamic legal philosophy), which are the basic principles of Islamic finance; trade based on mutual consent; Compliance with the requirements of contracts; avoiding interest; avoidance of gambling and excessive uncertainty; avoiding illicit goods and sectors; It has been demonstrated that it can be designed in accordance with the principles of avoiding mixed contracts that contain haram. It is also emphasized that the takaful insurance model applied today is different from the capital company and cooperative. In the cooperative insurance model, members' contributions are evaluated as consideration, not as donations, as in takaful. In this context, the contributions of cooperative partners; It is a certain effort, a certain financial contribution and guarantee. What they received in return for these contributions was; It is the opportunity to meet their professional and livelihood needs under more favorable conditions, to have a positive income-expense difference in direct proportion to their labor, and to receive shares from non-partner transactions in proportion to their capital shares. As a result, cooperative insurance is based on the consent of the parties, taking its reference from the Holy Quran itself, through cooperation, solidarity and takaful; It is suitable to be constructed in a structure that complies with the basic rules of Islamic economics, such as trade, keeping promises, avoiding interest, avoiding gambling and gambling, and protecting from illicit goods and sectors. While conventional insurance companies are based on risk selling, mutual/mutual/cooperative insurance is based on risk-benefit sharing. Unlike the profit-oriented operation of insurance companies, in this system, the remaining part of the payment they make to the fund according to a certain risk calculation is shared among those included in the fund at the end of the period, in other words, it is returned to them, since the risk is lower than expected, and if the loss occurs more, it is covered by the relevant stakeholders. Thus, the risk-premium balance is achieved more fairly. The basis of the system is the principle of "el-harac bi'd-damân" (gain-compensation responsibility/blend-burden balance), which is one of the universal rules of Islamic law. This system is more suitable for cooperation and a fair economic system. In order for the cooperative insurance model in accordance with Islamic law to be widely used safely in Muslim societies, it is important to prepare the cooperative contract in accordance with the Islamic contract theory. This is seen as a model that can find application all over the world as a partnership structure suitable for the Islamic economic system. The cooperatives are a type of company that works by using the means of "mutual assistance, social solidarity and guarantee between its partners" and has a widespread practice area in our country and in the world. The practice of cooperatives in our country has a long history starting from the Ottoman period. Cooperatives are essentially regulated today, Law No. 1163. Cooperatives are also born out of the need for social solidarity like insurance companies, but differ from them in many ways. The fact that insurance companies are profit-oriented and that the collected funds belong entirely to the company, regardless of whether the provided risk has materialized or not in conventional insurance, brings up the search for a more equitable solution for those who need insurance. In this context, the cooperative insurance business in accordance with the principles of Islamic law stands out as a suitable model. Independent academic studies examining the legal nature of the cooperative in terms of Islamic law are not sufficient. Therefore, the aims of our study; to determine the legal nature of cooperatives in terms of Islamic law, to evaluate participation insurance through cooperatives in terms of Islamic Insurance and Islamic Law, and to make suggestions for a cooperative insurance structure that can be applied according to Islamic law. In this study, the nature and practice of today's cooperative practices are presented by taking into consideration the cooperative principles accepted by the International Cooperatives Association (ICA), and the financial stability and incentive incentives in the country are evaluated by analyzing the difference from associations from capital companies. The opportunities offered by the platform cooperatives, which combines the traditional cooperative structure as a continuation of traditional cooperatives and the digital economy, are presented and the issue of cooperatives has been analyzed in terms of Islamic law. The basic principles of Islamic finance in accordance with the Islamic legal philosophy of a cooperative insurance system operating in accordance with Islamic law; consensual trading; compliance with the requirements of the contracts; interest avoidance; avoiding gambling and extreme uncertainty; avoiding illicit goods and industries; It has been demonstrated that it can be constructed in accordance with the principles of avoiding mixed contracts containing forbidden. In addition, it has been emphasized that the takaful insurance model applied today is different from the capital company and the cooperative. In the cooperative insurance model, the contributions of the members are considered as compensation, not as donations as in takaful. In this context, contributions of cooperative partners; a certain labor, a certain financial contribution and surety. In return for these contributions, they receive; It is the opportunity to meet their needs for their profession and livelihood under more favorable conditions, to have a positive income-expenditure difference in direct proportion to their labor, and to receive a share in non-company transactions at the rate of their capital shares. resulting cooperative insurance; it receives its reference from the Quran itself by means of taawun, coincidence and devotion. It is suitable to be constructed in a structure that complies with the basic rules of Islamic economics such as consent-based trade between stakeholders, obeying the contract, avoiding interest, avoiding gharar and gambling, protecting haram goods and sectors. While conventional insurance companies are based on risk selling, mutual/cooperative insurance is shared (risturned) among those included in the fund when the money increases in the fund at the end of the period based on the risk-benefit sharing basis. There is a profit-oriented operation in insurance companies, but in this system, the increasing part of the payment they make to the fund according to a certain risk account is shared among those included in the fund at the end of the period, that is, it is returned to them, if the loss is more It is being closed by the stakeholders. So, the risk/premium balance is achieved more equitably. The basis of the system is the principle of “al-harâc bi'd-dhaman” (balance of gain-compensation/benefaction-charge), which is one of the main rules of Islamic law. This system is more suitable for a solidarity and fair economic system. In order for the cooperative insurance model in accordance with Islamic law to be used safely in Muslim societies, it is important that the cooperative contract is prepared in accordance with the Islamic contract theory. This is seen as a model that can find application all over the world as a partnership structure suitable for the Islamic economic system.
Görüntüle
Hitit İlahiyat Dergisi, 2021-12, Vol.20 (3), p.159-186
