Analysis of Jurisprudential-Legal Challenges of Life Insurance in Iran: A Comparative Study with Selected Islamic Countries

Document Type : Scientific research

Author
Daneshgah azad vahed olom tahgigat tehran
Abstract
The present study examines the legal nature of life insurance in the Iranian legal system. The main research question is to analyze the jurisprudential and legal challenges of life insurance, especially in the three areas of gharar, usury, and obligations in favor of a third party. This research was conducted using the qualitative content analysis method and an inductive approach. The data were collected through a review of 50 sources including 35 scientific research articles, 10 specialized books, and 5 legal documents and analyzed using a three-stage coding method (open, axial, and selective). The findings showed that gharar is the most important jurisprudential challenge with a frequency of 84% and there is a significant relationship between the transparency of contracts and the efficiency of the life insurance system (r = -0.78, p < 0.01). Multiple regression analysis showed that contract transparency (β = 0.45), calculation standardization (β = 0.38), and Sharia supervision (β = 0.32) are the most important factors affecting the efficiency of the life insurance system (R² = 0.72). The comparative study showed that successful countries in the field of Islamic life insurance, using the Takaful model and Islamic contracts, have been able to achieve a level of contractual transparency of 85%, while this indicator in Iran is 65%. The results show that success in the life insurance market requires an integrated approach that considers both jurisprudential aspects and implementation requirements.
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Articles in Press, Accepted Manuscript
Available Online from 14 October 2025

  • Receive Date 13 October 2025
  • Accept Date 14 October 2025