عنوان مقاله [English]
نویسنده [English]چکیده [English]
With world’s ever-increasing evolutions some contracts become common between people that in the time of Share’ (the Islamic legislative) there wasn’t precedent. The Fariqain’s jurisconsults call these contracts “Oqod Qeir Mo’ayan”. Some of these contracts such as social insurances and cooperative societies have important role in the contemporaries’ life, in the way that discipline and security of society without them face with peril. For this reason the way of jurisconsults that face with insurance contract is as a Qeir Moa’yan contract it will be important. Thus some juriscosults with referring to supportive governmental Ahkam in jurisprudence nullify this contract and believe this is not adjusted with general principals of deal in Islam. On the contrary of this jurisprudence movement other Islamic lawyers not only believe this insurance contract is not against deal regulations but also this contract naturally was close to one contracts in Tashri’ Era. With various perceptions and methods of recent juriconsult, must not ignore old methods for researching in contracts, besides for reaching to the aim and purpose must utilize from all old and recent methods.