Insurance Law
Insurance Contracts under Jordanian Law: Definition, Characteristics and Rules
A concise overview of the insurance contract as defined in Jordanian legislation and doctrine, detailing its main features, types and elements such as risk, premium and insurable interest. It also summarizes the Islamic jurisprudence debate over permissibility and the practical effects of the parties' obligations and relevant Jordanian Court of Cassation rulings.
Updated: 11 February 2025
Prepared and reviewed by: Ashraf Al-Khawaja
Definition, Characteristics and Types of Insurance
The Jordanian Civil Code (Article 920) frames an insurance contract as an obligation of the insurer to pay a monetary indemnity upon occurrence of an insured event in return for premiums. Practically, this makes insurance a binding, compensatory, aleatory and time‑based agreement often presented on standard terms; distinctions between life, property, marine, aviation, land, cooperative and commercial insurance affect premium calculation, coverage scope and the parties’ respective liabilities.
Insurable Interest: Seriousness and Lawfulness
Legality of an insurance contract requires a genuine, serious insurable interest by the policyholder or beneficiary such that the insured peril would cause financial loss or a legally protected interest. The insurable‑interest requirement excludes insurance on matters contrary to public order or religion, distinguishes insurance from gambling, and affects underwriting decisions and indemnity entitlement in claims.
Contractual Duties, Good Faith and Duty of Disclosure
The policyholder must disclose facts material to the insurer’s risk assessment at contract formation, reflecting the overriding principle of good faith in insurance. In practice, concealment or false statements may void the contract or bar claims; performance duties include premium payment, compliance with notification requirements and observing contractual or statutory time limits for bringing claims.
Jurisprudential Debate on the Permissibility of Commercial Insurance
Modern jurists differ on commercial insurance: some argue it involves gharar, riba or gambling and is impermissible, while others consider it allowable as cooperative risk‑sharing. For practitioners in Jordan, this debate has practical relevance when insurance issues intersect with Sharia considerations, but it does not alter the civil obligations established in national law absent legislative change.
Jordanian Court of Cassation Jurisprudence and Practical Effects
The Court of Cassation has held that insurance may operate as a stipulation for the benefit of a third party or liability insurance and emphasized the insured’s disclosure duty and contractual limits on indemnity. Practically, these rulings underscore the need to examine policy wording carefully, respect agreed coverage caps, and note that the burden of proving concealment rests with the insurer — matters that shape litigation strategy, expert assessments and award calculations.
Legal notice
Notice: This content is for general educational purposes and is based on a linked published article. It does not replace bespoke legal advice; verify the original statutory texts, recent amendments, deadlines and related regulations and consult a licensed lawyer before taking any action.
Sources and references
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