النظام القانوني للتأمين التكافلي.

Abstract

After many Islamic countries have adopted the Takaful insurance sector, Algeria, like other countries, has been striving to adopt it since the year 2006 within the framework of the foundation of the company of Salama Takaful Insurance which represents the only company active in the national market of the Takaful insurance industry at that time, under unsuitable conditions, this put the company in front of a group of challenges imposed by the environment local legal system which organizes the insurance sector in Algeria and which is limited to ordinance 95-07, modified and supplemented by law 06-04, amended and supplemented by law 06-04 making no distinction between the activity of commercial insurance cooperatives and local cooperatives of insurance what pushed the legislator to straighten out the matter by recently promulgating the first executive decree 21-81 specifying the conditions and modalities for exercisin Takaful (cooperative) insurance on February 23, 2021. This procedure was considered the first step to providing the appropriate environment to develop the activities of cooperative insurance companies and to supervise them by focusing on many legal principles mentioned by the decree, such as the legal nature of the contract based on donation, as well as that the need to separate subscribers' fund accounts and associates' accounts, clarifying how to deal with insurance excess or incapacity. All of this is under the supervision of the shariah Oversight Committee with the coordination of the shariah auditor to ensure the conformance with foundations and principles of Islamic shariah.