Document Type : Brief Communication Paper
Authors
1
Assistant Professor, Department of Public Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran.
2
PhD Student in Public Law, Faculty of Islamic Studies and Law, Imam Sadiq University, Tehran, Iran.
Abstract
∴ Introduction ∴
The significance of social security and insurance in modern legal frameworks cannot be overstated, as they are fundamental to ensuring the well-being and stability of societies. The right to social security, including insurance, is enshrined in the legal, political, and social governance ideologies of nations worldwide. This paper revisits the opinions of Dr. Sayyed Mohammad Beheshti (1928-1981), a prominent Iranian jurist, philosopher, and politician, who played a pivotal role in shaping the constitutional principles related to social insurance in the Islamic Republic of Iran. The study aims to critically analyze Beheshti’s views on the jurisprudential nature, necessity, and state versus private nature of insurance within Islamic law and Iran's legal framework, highlighting his intellectual contributions to the field.
∴ Research Question ∴
The primary research question guiding this study is: How does Martyr Sayyed Mohammad Beheshti assess the concept, jurisprudential nature, necessity, and Islamic as well as state or private nature of insurance within the context of Iran's legal framework? The study seeks to uncover the underlying principles in Beheshti's thought process, particularly in relation to the implementation and categorization of insurance in Iran, as outlined in the Constitution.
∴ Research Hypothesis ∴
The study hypothesizes that Martyr Beheshti’s views on insurance are deeply rooted in Islamic jurisprudence, reflecting a unique synthesis of religious and legal principles. It posits that Beheshti advocates for the necessity of insurance as a state-run institution in Iran, with its foundation firmly anchored in Islamic teachings. Furthermore, it is hypothesized that Beheshti distinguishes between public and private forms of insurance, advocating for a balanced approach that aligns with the broader goals of social justice and security as envisioned in the Islamic Republic’s Constitution.
∴ Methodology & Framework, if Applicable ∴
This research adopts an analytical approach, utilizing both qualitative and doctrinal research methodologies to explore Beheshti’s legal opinions on social insurance. The study is structured around a detailed examination of primary and secondary sources, including Beheshti’s writings, speeches, and constitutional debates. It also involves a comparative analysis of different juristic perspectives on the nature of insurance, contextualizing Beheshti’s views within the broader Islamic legal tradition. The framework of the study is designed to progressively build upon the analysis, beginning with a conceptual understanding of insurance, followed by a detailed exploration of its jurisprudential and constitutional implications as interpreted by Beheshti.
∴ Results & Discussion ∴
The analysis of Martyr Sayyed Mohammad Beheshti’s views on social insurance within Iran's legal framework reveals several critical insights into the jurisprudential and constitutional principles governing insurance in the Islamic Republic. Beheshti's contributions, as a key figure in the drafting of Iran’s Constitution, provide a nuanced understanding of how Islamic jurisprudence can be applied to contemporary issues like insurance.
One of the central findings is that Beheshti viewed insurance as a vital component of social security, which is necessary for ensuring the well-being and stability of society. His interpretation aligns with the broader Islamic principles of social justice, cooperation, and solidarity, which are essential in fostering a supportive community. He argued that insurance should be understood as an independent contract within Islamic jurisprudence, rather than trying to fit it into pre-existing categories of contracts. This perspective highlights the flexibility of Islamic legal principles in accommodating new and emerging issues, such as the modern concept of insurance.
Beheshti’s stance on the necessity of state involvement in insurance is particularly significant. He believed that the state has a crucial role in ensuring that all citizens have access to basic social protections, including insurance. This is reflected in the emphasis on social insurance within the Iranian Constitution, where it is mandated as a fundamental right. Beheshti's advocacy for mandatory public health insurance underscores his commitment to the idea that the state should not only regulate but also actively participate in providing social security to its citizens.
Moreover, Beheshti’s views on the Islamic roots of insurance emphasize the importance of collective responsibility and social cooperation. He argued that insurance is not merely a financial transaction but a moral and ethical obligation rooted in Islamic teachings. The principles of benevolence, social responsibility, and solidarity are central to his understanding of insurance, which he saw as a means of fulfilling the Islamic state's duty to care for all segments of society, especially the most vulnerable.
∴ Conclusion ∴
The study concludes that Martyr Sayyed Mohammad Beheshti's views on social insurance are deeply rooted in both Islamic jurisprudence and the principles of social justice. His contributions to the drafting of the Iranian Constitution reflect a profound understanding of the need for social security mechanisms that are both equitable and in line with Islamic values. Beheshti’s advocacy for state involvement in insurance, particularly in the form of mandatory public health insurance, highlights his belief in the government's responsibility to protect its citizens through comprehensive social insurance policies.
Beheshti’s conceptualization of insurance as an independent contract within Islamic law underscores the adaptability of Islamic jurisprudence to contemporary issues. His emphasis on the moral and ethical dimensions of insurance further illustrates the depth of his commitment to creating a just and supportive society. Ultimately, Beheshti’s legacy in this area continues to influence the ongoing development of social insurance policies in Iran, providing a framework that balances legal, religious, and social considerations in the pursuit of social welfare.
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