An Investigation in the Legal Principles of Takaful Insurance Surplus Redistribution

Insurance plays an important role in improvement of economic conditions by enhancing mental security, confidence and fair distribution of adverse effects of risks. Since the introduction of this industry to Islamic countries, Takaful has been suggested as a substitute for conventional insurance. Public participation as both the insured and the insurer is the most important factor that incentivizes people from different countries to work in Takaful insurance. In addition, the insureds benefit from profits of investments of Takaful funds. The main issue of this research is to study the legitimacy of surplus and the legal principles of its foundation. The technique of this study is documentary research; we have tried to analyze the issue that the surplus of profits rewarded to participants in the insurance activities of this type has legal basis according to the inclusion of Takaful insurance in the form of gifts and article 10 of civil law.