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Record W2565019418

Insurable interest in property insurance: A comparative study amongst English, Canadian and Saudi Arabian laws.

2006· dissertation· en· W2565019418 on OpenAlexaboutno aff
E.S. Al-Ghamdi

Bibliographic record

VenueDoctoral thesis, University of London. · 2006
Typedissertation
Languageen
FieldBusiness, Management and Accounting
TopicIslamic Finance and Banking Studies
Canadian institutionsnot available
Fundersnot available
KeywordsShariaIndemnityUsuryPrincipal (computer security)Property (philosophy)LawActuarial scienceInsurance lawScope (computer science)Insurance policyIslamBusinessEconomicsLaw and economicsGeneral insurancePolitical scienceGeographyComputer sciencePhilosophy
DOInot available

Abstract

fetched live from OpenAlex

The thesis is split into two parts. The first part examines the principle of insurable interest in property insurance as a test which distinguishes insurance contracts from wagering. Throughout the study, the principle of insurable interest will be explored and analyzed under English and Canadian Laws as models of the common law, on the one hand, and Saudi Law which is based upon Islamic Law, i.e. Sharia, on the other. The second part deals with the Saudi conception of insurance contracts. Insurance contracts have been rejected by Sharia on the ground that they contain elements of Riba, (usury) Gharar, (uncertainty) and Maysir (gambling). Muslim scholars believe that where one of those elements is found in an insurance contract, it will be vitiated by virtue of Sharia principles. The principal object of this study is not only to make a critical study of the common law approach to insurable interest but to suggest a model of insurance that complies with the general principles of Sharia. The thesis consists of eight chapters. The first chapter provides a brief outline of the requirement of insurable interest under the common law models and Saudi law. It will outline the objectives, significance, methodology, scope and the structure of the thesis. The second chapter will be devoted to a historical examination of the contract of insurance together with the requirement of insurable interest. The third chapter will consider the nature of the requirement of insurable interest and the principle of indemnity. The fourth chapter will discuss the consequences of lack of insurable interest. The fifth chapter outlines the conception of contract in Saudi law and outlines the importance and the influence of Islamic law upon Saudi law. It also explores the elements of Riba, usury Maysir, gambling and Gharar, uncertainty. The sixth chapter will discuss the distinction between what Muslim scholars call 'commercial insurance', the original form of insurance that is understood by the common law and which is forbidden under Sharia, and 'co-operative insurance,' which, it will be argued is acceptable to Sharia. The seventh chapter will propose an alternative form of insurance that accommodates Sharia, i.e. 'solidary insurance.' The final chapter, eight, will evaluate the outcomes and will compare and contrast the contract of insurance in its original form, co-operative insurance and the suggested form of insurance, so-called 'solidary insurance.'

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.002
metaresearch head score (Gemma)0.005
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.037
Threshold uncertainty score0.253

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0020.005
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0030.007
Science and technology studies0.0090.004
Scholarly communication0.0040.002
Open science0.0010.001
Research integrity0.0010.001
Insufficient payload (model declined to judge)0.0050.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.031
GPT teacher head0.220
Teacher spread0.189 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2006
Admission routes1
Has abstractyes

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