التأمين الإجتماعي في إقليم كردستان العراق : دراسة فقهية تقويمية

Abstract

This research aims at discussing social insurance in the province of Kurdistan, Iraq. Apparently, the law of social insurance in this province suffers from a number of problems. These problems are related to the legislative side of the law as defects and gaps have been found. Other problems are related to the administrative side of the law. The researcher aimed at solving these problems in the light of Islamic jurisprudence by studying the gaps that occur in both legislative and administrative sides of the law. The researcher used the inductive approach in this study. The researcher introduced the different legislative views on social insurance, and the information related to the laws of disability and unemployment that are legislated to protect citizens. The researcher also used the analytical approach to analyze and discuss jurists’ views on the laws of disability and unemployment. The corrective approach was also adopted to correct the laws of disability and unemployment according to Islamic jurisprudence. First, this research found that the government is responsible for people under social insurance because social insurance is economical and developmental necessities. Second, although these laws are inaccurate in terms of legislation, they can be edited and corrected. Third, Islamic jurisprudence considers social insurance as cooperation and donation. Islam encourages family members to support each other in spending; this responsibility is proven to keep family members tied together. Forth, it is necessary to enact a charity law and urge people to do charity and solve societal problems like poverty and unemployment. Finally, the government should encourage citizens to pay taxes to improve social insurance.