The College of Law—University of Baghdad discussed a master’s thesis entitled “The Feasibility of Insurance Against Unlawful Risks” by the student Nargis Ali Mohammed, in the Private Law Department, on Monday, August 4, 2025, at 9:00 AM in the Virtual Courtroom Hall.
The discussion committee consisted of:
1. Prof. Dr. Ali Matshar Abdul-Sahib (Chairman)
2. Asst. Prof. Dr. Hussein Obeid Shu’wat (Member)
3. Lecturer Dr. Mohammed Ahmed Issa (Member)
4. Prof. Dr. Haider Faleh Hassan (Member and Supervisor)
The thesis aimed to examine the legality of insurance against unlawful acts by exploring whether it is permissible to provide insurance coverage in cases where the risk arises from an unlawful act committed by the insured, balancing the principle of “the contract is the law of the parties” with the requirements of justice for compensating innocent victims.
The thesis was divided into three chapters: the first addressed the concept of insurable risk; the second examined the perspective opposing insurance against unlawful risks; and the third analyzed the perspective supporting insurance against unlawful risks.
The thesis concluded with several recommendations, the most notable of which are:
1. Reconsidering the requirement of the legality of risk by framing it with flexible principles that balance respect for public order with the practical justice owed to parties, particularly those harmed by acts they did not contribute to.
2 . Urging legislators to include clear statutory exceptions that allow coverage of certain unlawful risks when the insured has an interest in the contract related to an innocent third party.
3. Encouraging judges to adopt a purposive interpretation of prohibitions in insurance, assessing the legitimacy of the coverage’s purpose rather than focusing solely on the legal characterization of the risk’s cause.
