نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار دانشگاه باقرالعلوم
چکیده
کلیدواژهها
عنوان مقاله [English]
This study examines the transformative role of insurance in modern governance, focusing on its legal and social dimensions. The aim is to explore how the nature of insurance has shifted from a tool rooted in private contract law to an effective mechanism in social governance. Emphasizing the historical development of insurance, this research investigates its emerging social functions and its potential to reduce social inequality and manage public risks. The research method is based on theoretical and qualitative analysis, involving a comprehensive review of legal doctrines, historical developments, and socio-legal studies. Insurance is analyzed as a key variable at the intersection of contract law, accountability, and public governance. Qualitative analysis of judicial opinions and regulatory frameworks is also employed to highlight the role of insurance in fostering social cohesion and governance. Findings indicate that insurance, by managing risks and distributing responsibilities, plays a crucial role in shaping social and legal structures. With its regulatory function, insurance enhances access to social and economic resources and contributes significantly to civil dispute resolution. The study also examines the dual nature of insurance—as a legal contract and a socio-political instrument—revealing its capacity to integrate private sector mechanisms into public governance. The research particularly focuses on the Takaful insurance model in Malaysia. The conclusion underscores the importance of law–insurance interaction in reinforcing effective social governance. By redefining legal frameworks and promoting economic solidarity, insurance has emerged as a cost-effective tool for addressing complex social challenges and offers practical mechanisms for policymakers and legal professionals.
کلیدواژهها [English]
)