Journal of college of Law for Legal and Political Sciences

The insurance contract is considered one of the contracts that has sparked a great jurisprudential controversy, as it is one of the contemporary jurisprudential issues that were not known until later times, as most of the jurists do not permit such contracts, because of the clauses and pillars that are similar to what is in gambling and we all know that gambling is forbidden according to Sharia. Which is not in line with the purposes of our glorious Islamic Sharia. Therefore, we tried to discuss this topic in some detail in terms of defining the insurance contract as well as explaining its image, objectives and legal nature as a comparative study between Islamic law and statutory law, all in two studies.

AL-Takaful insurance repetition became such important that takaful insurance companies can't give it up, since these companies would not arise or prosper without it. While closing insurance repetition might lead the insurance companies to bankruptcy and stop there activities. Hence came this study to enlighten all the troubles and deficiencies in AL-Takaful insurance in the best way , it illustrated the concept of takaful insurance repetition and its methods and configurations , and the necessity of insurance repetition for commercial insurance companies and its rules in the Jordanian and Sudanese law and the legitimate standard (no:26) from the Islamic financial institutions account and review council considering not organizing the Iraq legislation any rules for AL-Takaful insurance or any suggested solutions for insurance repetition .

Insurance surplus is the remaining's of participant shares, reserves and interest after discounting and compensation during the year. In the exchanged insurance, so called surplus is the participants property and should be spent on them, all or part of it and this is called "profit " in commercial insurance and owned by companies. The surplus distribution mechanism somehow influences the activity of the exchanged insurance; hence this study came to enlighten all the problems might occur in and in the application of it. The study explains the concept of insurance surplus and how it is distributed and how it is treated in the Jordanian and Sudanese law and the legitimate standard (no:26) from the Islamic financial institution account and review council taking into consideration the Saudi legislation view point since the Iraq legislation any rules for the exchanged insurance or any solutions for its insurance surplus distribution mechanism is not organized in a way that may help to increase insurance surplus and help to choose the appropriate distribution mechanism in order to prevent the growth of the exchanged insurance.