PP991
Analítico de Periódico
CANDIAN, Albina
L'assicurazione e il "takaful" : è un possibile legal transplant nel mercato finanziario italiano? / Albina Candian
Annuario di Diritto Comparato e di Studi Legislativi, v.8 (2017), p.585-616
DIREITO DOS SEGUROS, SEGUROS, ISLAMISMO, RELIGIÃO, MERCADO FINANCEIRO / Itália
This essay is aimed to examine the so-called Takaful institution, i.e. the legal institute provided by the Islamic traditional law based on a crowd funded insurance, ruled by principles of shariah, as opposed to the “conventional” insurance as acknowledged by the western legal culture. The analysis, by using the doctrinal sources the so-called Islamic finance, examines the main characteristics of Takaful as a legal scheme based on the concept of mutuality and also characterized by adherence to religious principles such as absence of gharar (absolute uncertainty), riba (interest) and maysir (speculation). In particular, this enquiry is aimed at verifying Takaful’s compatibility with schemes and figures of mutuality (crowd funded insurances) of the western legal systems, with particular reference to the Italian legal system.