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14

CHAPTER 1: INTRODUCTION

This chapter, briefly, introduces the scope of the research, and explains the methodology used

in dealing with the subject matter of the project.

1.1. Background of the Study

Although, “it is still not known when organised insurance actually started, and in what type of

group it was developed” (Clayton, 1971:13), there is clear evidence, however, that the so-called

bottomry contracts (Shipping Insurance) were known to merchants of Babylon in Mesopotamia

as early as 4000-3000 years BC (Kasim, Htay, & Salman, 2016).

There are also ample pieces of evidence that many, if not all, civilisations (Babylonians,

Egyptians, Greeks, Romans, Arabs, and others) practised some form of mutual insurance. In

essence, insurance prototypes were known to all earlier civilisations and progressed further

with the development and advancement of the society, especially in the Islamic civilisation and

later in Europe and the rest of the world (Chachi, 2017). From the above-mentioned historical

facts, it appears that mutual cooperative insurance, whereby members of a group (family

members, for example) took care of the needs of the other members, is perhaps one of the oldest

transactions known to mankind and practised by many, even long before trade and industry.

Modern insurance may be historically recent, but the essence of insurance, whereby more than

one person come together and help each other overcome the risks and misfortunes of life that

may befall any of them, is as old as humanity and was known to all human societies across time

and civilisations. It is, as Mulhim and Sabbagh (nd:3) put it, “

one of the means people have used

for ages to deal with the consequences of damages, risks, and disasters which befall them in order

to alleviate their impact or to avoid them completely

”.

Modern insurance had attracted the attention of Muslim scholars and economists, since the

second half of the 19

th

century, when many Muslim countries were subjected to colonisation and

therefore to illiteracy, ignorance, suppression and division by western colonisers and lost their

civilizational lead (Chachi, 2017). Before that, somehow, there was no real need for insurance in

Muslim communities, as the members of the small communities took care of each other by many

tools andmeans such as

zakah

1

,

sadaqah

(charity),

awqaf

2

and

Takaful ijtima'i

(social solidarity),

advocated by Islamic teachings. However, with the cosmopolitan nature of modern societies and

complexities of life, where people living in the same neighbourhood, rarely know one another,

let alone meet or care about each other, it has become absolutely necessary to structure a

modern form of insurance to take care of every member of the society.

The question of whether modern insurance is permissible in Islam or not has been and remains

the subject of heated debates and controversy among Muslim scholars across the MuslimWorld

1

A form of alms-giving treated in Islam as a religious obligation.

2

An inalienable charitable endowment under Islamic law.