scholarly journals Insurance Perspective of Yusuf Qardhawi and Abdul Wahab Khalaf

2021 ◽  
Vol 1 (12) ◽  
Author(s):  
Ainul Mardhiah ◽  
Afrizal Afrizal

Insurance that has just emerged at this contemporary stage, its quality causes mixed understanding among researchers. There are several researchers who prohibit insurance, including Yusuf al-Qardawi who blocks existing insurance, especially life insurance. Yusuf al-Qardawi forbade insurance on the grounds that according to him insurance is far from the idea of exchange and solidarity with the association. Whereas in life insurance, basically it is very possible to say that it is a broken understanding. The explanation is because between the two meetings there is a common desire and currently realizes that the strengths of each are not solid. Insurance in Yusuf al-Qardawi's view is that Islam does not recognize the current type of insurance with every implementation, it does not mean that Islam is against insurance as a whole, not in any way, what Islam opposes is part of its implementation practice. According to Abdul Wahaf Khalaf, insurance takes any form and can benefit the local community as long as there is no usury, the law is halal or allowed in Islamic teachings.

2021 ◽  
Vol 26 ◽  
Author(s):  
W. Yousuf ◽  
J. Stansfield ◽  
K. Malde ◽  
N. Mirin ◽  
R. Walton ◽  
...  

Abstract IFRS 17 Insurance Contracts is a new accounting standard currently expected to come into force on 1 January 2023. It supersedes IFRS 4 Insurance Contracts. IFRS 17 establishes key principles that entities must apply in all aspects of the accounting of insurance contracts. In doing so, the Standard aims to increase the usefulness, comparability, transparency and quality of financial statements. A fundamental concept introduced by IFRS 17 is the contractual service margin (CSM). This represents the unearned profit that an entity expects to earn as it provides services. However, as a principles-based standard, IFRS 17 results in entities having to apply significant judgement when determining the inputs, assumptions and techniques it uses to determine the CSM at each reporting period. In general, the Standard resolves broad categories of mismatches which arise under IFRS 4. Notable examples include mismatches between assets recorded at current market value and liabilities calculated using fixed discount rates as well as inconsistencies in the timing of profit recognition over the duration of an insurance contract. However, there are requirements of IFRS 17 that may create economic or accounting mismatches of its own. For example, new mismatches could arise between the measurement of underlying contracts and the corresponding reinsurance held. Additionally, mismatches can still arise between the measurement of liabilities and the assets that support the liabilities. This paper explores the technical, operational and commercial issues that arise across these and other areas focusing on the CSM. As a standard that is still very much in its infancy, and for which wider consensus on topics is yet to be achieved, this paper aims to provide readers with a deeper understanding of the issues and opportunities that accompany it.


2015 ◽  
Vol 4 (2) ◽  
Author(s):  
Kushandajani

<p align="center"><strong><em>Abstract</em></strong></p><p><em>The main problem in this study was how the social significance of the existence of Desa autonomy regulation through the Law No. 6 of 2014. The existence of new regulation must be influence to desa’s order, especially in  local authority, Because of the local authority is the most important thing in local organization like Desa.The specific question tried to be answered in this study  whether the Law could serve, integrate, and organize the local authority in Desa. The result of this research indicate three points. First, local authority existing that called “hak asal usul desa” coexist with local community and desa government. Second, the field of local authority as organization the governance of desa, implementation of the building of desa, and commmunity development will blossom out in the future depend on the needs of local community.Finally, design of local authority based on the Law No. 6 of 2014 can integrate and organize the local authority, if the national government still commit and consist to recognize the local authority whatever Desa has.</em></p><p><strong><em>Kata kunci</em></strong><em>: local authority, local community, state law, recognition.</em></p><p align="center"><strong>Abstrak</strong></p><p>Masalah utama dalam studi ini adalah bagaimana implikasi  berlakunya UU No. 6 Tahun 2014 tentang Desa terhadap kewenangan desa. Kewenangan desa yang dimaksud adalah kewenangan desa yang berasal dari hak asal usul dan kewenangan lokal berskala desa, karena kedua bentuk kewenangan desa tersebutlah yang merupakan ruh otonomi desa. Hasil riset menunjukkan bahwa desa tidak bisa diperlakukan sama sebagaimana memperlakukan daerah kabupaten, karena hakekat otonomi desa berbeda dengan otonomi daerah. Kabupaten dibentuk sebagai pelaksana desentralisasi, yang melaksanakan sebagian kewenangan yang diberikan oleh Pusat. Desa berbeda, karena memiliki kewenangan yang berasal dari hak asal usul, bukan pemberian dari pusat. Otonomi desa sudah ada jauh sebelum republik ini berdiri, dan meski didesain ulang berkali-kali melalui kebijakan pusat tentang desa , namun otonomi desa tetep eksis, salah satunya adalah dengan keberadaan kewenangan hak asal usul yang melekat pada status sosial kepala desa dan pamong desa , apapun nama dan penyebutannya, serta tercermin dari perilaku masyarakat desa yang menjunjung tinggi kehidupan sosial budayanya.Pada akhirnya desain tentang kewenangan desa diajukan sebagai bagian dari solusi, yang mencoba mewadahi dua konstruksi tentang kewenangan desa, dimana kewenangan desa eksisting masuk dalam “wadah” yang dikonstruksi UU No.6 Tahun 2015 tentang Desa, namun dengan semangat diterapkannya taat azas yaitu azas rekognisi, dimana pemerintah pusat dan daerahmengakui apapun kewenangan yang saat ini dilaksanakan oleh desa.</p><strong>Kata kunci: </strong>kewenangan desa, hukum negara,  hak asal usul desa, kewenangan lokal berskala desa, asas rekognisi.


2014 ◽  
Vol 19 ◽  
pp. 383
Author(s):  
John Russell

<p>In October 2011, London South Bank University (‘LSBU’) opened a new Drop-In Legal Advice Clinic where law student volunteers – working under the supervision of practising solicitors – provide free, on-the-spot, face-to-face legal advice to the general public. Our aim was to establish a drop-in advice service which would deliver a tangible benefit to the local community, develop students’ practical knowledge of the law in context, and provide a basis for developing a teaching and learning resource for other higher education institutions. In February 2012, we were highlighted in the Million+ think tank’s report on innovative teaching in modern universities, ‘Teaching that Matters’, as involving students in a valuable community service while gaining real-world legal experience, developing transferable skills and enhancing their employability prospects. In April 2012, we won a £5,000 LSBU Vice-Chancellor’s Enterprising Staff Award for our demonstration of enterprise in enhancing the student experience and employability, providing a significant benefit for the local community, and demonstrating a wider significance to other higher education institutions nationwide. The Legal Advice Clinic is now key to the marketing strategy for the Law Department. This paper describes our new service in its first year of operation.</p>


1871 ◽  
Vol 16 (2) ◽  
pp. 77-98 ◽  
Author(s):  
T. B. Sprague

The past session of Parliament has witnessed the passing of an Act for the regulation of Life Assurance Companies in the United Kingdom, which, while introducing great changes in the law, still stops very far short of the system of legislation which has been for several years in operation in a few of the United States of America, and which is warmly approved of and urgently recommended for adoption by some persons in this country. The present may therefore be considered a fitting time for reviewing what has been done and considering whether any further legislation is desirable, and if any, of what nature it should be.


1912 ◽  
Vol 46 (3) ◽  
pp. 205-260
Author(s):  
N. J. Carter

It is with considerable diffidence that I submit this paper to the Institute seeing that there are many members who are far better qualified to deal with the subject.However, it was suggested that a paper of this character would be acceptable, and I have endeavoured to make it as complete as possible without transgressing reasonable limits of space.In the first place I have given a general account of the law of bankruptcy, following, in the main, the general arrangement of the subject adopted by Ringwood in “The Principles of Bankruptcy”, and I hope sufficiently full to make the paper useful to Students for Part IV of the examination syllabus. This has inevitably made it somewhat long and formal.


2019 ◽  
Vol 17 (3) ◽  
pp. 393-415
Author(s):  
Jaroslav Mihálik ◽  
Bystrík Šramel

The law-making process is one of the extremely important forms of local self-government activities. By means of law-making, local self-government regulates the conditions of life and behaviour of the local community living in a particular area of local self-government. Through law-making, therefore, local self-government can significantly interfere with an individual's life. The paper is focused on the analysis of the current legal regulation of the local self-government law-making process in the Slovak Republic and the identification of its weak points. The authors examine the results of control activities of authorities performing the review of constitutionality and legality of local law-making. On this basis, we submit a number of suggestions and incentives for changing the current legal regulation of law-making competence of local self-government.


Author(s):  
Smith Marcus ◽  
Leslie Nico

This chapter studies insurance contracts. A contract of insurance is one whereby one party (the insurer) promises in return for a money consideration (the premium) to pay to the other party (the assured) a sum of money or provide him with some corresponding benefit, upon the occurrence of one or more specified events. Their assignability is complicated by two factors. First, there are a number of different rules whereby an assignment can be effected, in addition to the equitable and statutory (section 136 of the Law of Property Act 1925) methods. Second, when considering the assignment of insurance contacts, it is important to be clear about what it is that is being assigned. The chapter then considers the transferability of the assured's right under four types of insurance: indemnity insurance; life insurance; marine insurance; and reinsurance.


1872 ◽  
Vol 17 (3) ◽  
pp. 189-191
Author(s):  
M. Leon de Montluc

Never was a more complete change suddenly brought about in the laws of a nation by legislative enactment than that which has taken place this year in France in the law of life insurance, in consequence of one single decision of the Supreme Court of Judicature, Up to the present time the construction given to the contract of life insurance in this country has been quite different from what it is in England. As there is no provision of written law that relates to life insurance, it being not even so much as mentioned in the Civil or Commercial Codes, people thought themselves justified in governing it by laws and rules of their own. For instance, although it is a principle of law common to both English and French jurisprudence (we may add, to the law of all legislating nations from time immemorial) that choses in action shall necessarily devolve upon our legal representatives after our death, it has hitherto been decided almost universally by French tribunals that an exception was to be made in favour of life insurance policies. By the advocates of that doctrine, the right in the sum assured was thought never to have vested in the person effecting the policy, and the assurance monies were said to be transferred directly, i. e., omisso medio, from the assurer to the party entitled to receive the sum assured; and that sum, accordingly, would not be liable to succession duty.


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