Beruflich Dokumente
Kultur Dokumente
TAKAFUL
OF TAKAFUL
Basis of Insurance
Insurance is a process through which losses suffered by a few is spread to and borne by many.
In modern practice, insurance is a medium through which the financial burden of a misfortune
is transferred from the Insured to Insurer.
The concept behind insurance is that a group of people exposed to similar risk come together
and make contributions towards formation of a pool of funds. In case a person actually suffers
a loss on account of such risk, he is compensated out of the same pool of funds. Contribution
to the pool is made by a group of people sharing common risks and collected by the insurance
companies in the form of premiums.
In general, any person who has a legal right in financial interest in a property may insure
under a contract of insurance if as a result of loss or damage he will suffer financial loss. An
insurance contract is an agreement or promise that is legally enforceable between two parties,
i.e., the Insurer and Insured whereby the Insurer in return for a consideration (premium)
agrees to undertake for a stated length of time (period of insurance) to indemnity the Insured
up to an agreed amount (sum insured) for the value of such defined property (property
insured) if damaged by an insured peril.
A contract of insurance is a contract of indemnity (excluding Life and Personal Accident
Insurance) and this principle is to put the Insured in the same financial position as he was in
before the misfortune occurs.
The sum insured must be fixed at a level, which will provide an adequate compensation at the
time of loss. For insurance in real property, depreciation must always be taken into account.
The cost of insurance would depend on the scope of cover as additional cover requires
additional premium. Generally speaking, only unforeseen and fortuitous losses are insurable.
Therefore, foreseeable misfortune or losses are generally not insurable (except in Life
Insurance).
OF TAKAFUL
Resolved:
That Life Insurance provided by present-day insurance companies is a business transaction
which is voidable because it contradicts the Islamic business principles in view that the
contract contains the elements of Gharar, Maisir and Riba.
As such from the Shariah point of view, insurance is haram. A committee known as
Badan Petugas Khas was set up by the government in 1982 to study the feasibility of setting
up Islamic Insurance in Malaysia. The Badan Petugas Khas concluded that conventional
insurance contract is fasid, however, the objection is not against the concept of insurance per
se but against the existence of certain weaknesses in the insurance contract. The Takaful Act
1984 was enacted and subsequently the first takaful company namely Syarikat Takaful
Malaysia Bhd was formed in 1984.
Resolved:
The Commercial Insurance Contract, with a fixed periodical premium, which is commonly
used by commercial insurance companies, is a contract which contains major element of risks,
which voids the contract and therefore, is prohibited (Haram) according to the Shariah.
DPN1023: PRINCIPLES AND PRACTICES OF TAKAFUL
OF TAKAFUL
The alternative contract which conforms to the principles of Islamic dealings is the contract of
co-operative insurance, which is founded on the basis of charity and co-operation. Similarly is
the case of re-insurance based on the principles of co-operative insurance.
The Academy invites the Muslims countries to work on establishing co-operative insurance
institutions and co-operative entities for the re-insurance, in order to liberate the Islamic
economy from the exploitation and violation of the system which Allah has chosen for this
Ummah.
OF TAKAFUL
Pertinent Issues
Takaful
Insurance
01.
Essence of Intention
02.
Formalities
Unilateral contract.
Bilateral contract.
03.
Accounts Treatment
For General Takaful the account
is Tabarru, means donation. For
Family Takaful, there are two
accounts, PA treated in line with
principles of Mudharabah, while
PSA treated in in line with the
basis of Tabarru.
04.
Subject matter.
be
05.
Guarantee.
06.
Fund.
07.
OF TAKAFUL
contract.
08.
Forbidden Elements.
09.
Religious Supervisory
10.
Profits.
11.
Contract.
12.
Indemnity.
13.
Operational Principle.
Operational
principle
in Operational principle in
Insurance is Shariah compliance. Insurance is not Shariah
compliance.
14.
Risks Treatment
15.
Taxation.
16.
Benefits
Paid from the defined funds Paid from the fund legally
under joint indemnity borne by owned by the company.
the participants.
Tax.
OF TAKAFUL
17.
Profits /Bonus
18.
Responsibility
of Participants make contributions Policyholders pay premium
Policyholders / Participant to
the
scheme. to the insurer.
Participants mutually guarantee
each other under the scheme.
19.
20.
Investment of Fund