Insurance and Takaful by Atiquzzafar

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Insurance and Takaful

              By
       Atiquzzafar Khan
         May 12, 2007
 Training Workshop on Takaful
              by
  Al-Huda CIBE, LAHORE


 INSURANCE & TAKAFUL

Main Topics

• Introduction of Modern Insurance

• Evaluation of Insurance Business

   from Islamic Point of View

• Islamic Alternative: (Review of

   Existing Experiences of Takaful)


   Risk and Insurance:

Risk and uncertainty are fundamental

facts of life. All human activities are

subject to risk, which may lead to

financial or physical losses to him.

Insurance is a device to cover the

losses arise due to occurrence of some

undesired event.


Methods of Handling the Risk

1. Risk Avoidance
2. Risk Retention
3. Risk Reduction
4. Risk Transfer
5. Risk Sharing


Definition of Insurance

     Insurance is an economic device
     whereby the individual substitutes
     a small certain cost (premium) for
     a large uncertain financial loss
     (the contingency insured against)
     that would exist if it were not for
     the insurance.


CLASSIFICATION OF

INSURANCE BUSINESS

By Type of Products

   i)     Life insurance
   ii)    General insurance
   iii)  Liability insurance


Advantages of Insurance

 Safeguard against sudden losses and
 assurance of smooth functioning of
 business activities
 Improvement in the saving habits in the
 society and making funds available for
 productive investments
 Help of individuals in case of unforeseen
 financial Loss


Shariah Position of Insurance

  Opinion of Shariah scholars is divided on
  insurance. We can classify them into three
  major groups.
     Those who consider both the concept and
     practice of commercial insurance un-Islamic.
     Those who are in agreement with the present
     insurance and find nothing wrong in it.
     Those who accept the concept of insurance,
     but find prohibited elements in its present
     practice.


Major Arguments Against Insurance

    Element of Riba (Interest)
    Element of Qimar (Gambling)
    Element of Gharar (Uncertainty, Doubt, Risk)
    Unlawful appropriation of others’ property
    Violation of law of inheritance in case of life
    insurance.


Arguments in support of Insurance

Insurance contract is similar to Mudaraba

It is based on Mutual help and cooperation

It is a new institution and Ijtihad is needed to

determine its Shariah status

It is unavoidable in a modern economy


Rulings of Collective Fiqhi

 Bodies about Insurance

Islamic Research Institute of Al-Azhar Uni.

Council of Grand Ulama of Saudi Arabia
Majlis Tahqiqat-e-Shari'yah Lucknow, India
Islamic Fiqh Academy of Rabita al-Aa'lam-e-Islami
Al Majma’ Al-Fiqhi Al- Islami of OIC

Council of Islamic Ideology, Pakistan


Establishments of Islamic Insurance

         (Takaful) Companies
In 1979, the first Islamic Insurance Company
was established in Sudan – the Islamic
Insurance company of Sudan. After that many
Islamic Insurance companies started business
under the title of Takaful.
There are about 85 companies presently
undertaking Takaful business in 25 countries of
the world. A broad estimate of the total
Takaful industry in 2005 is approximately
US$3 billions for both life and non-life
business.


           Definition of Takaful

The word Takaful means joint guarantee. The objective

of Takaful is cooperation and mutual help among the

members of a defined group.

In a practical sense Takaful can be visualized as a

method of joint guarantee among a group of members or

participants against loss or damage that may inflict upon

any of them. The members of the group agree to

guarantee jointly that should any of them suffer a

catastrophe or disaster, he would receive certain sum of

money to meet the loss or damage. All members of the

group pool together their efforts to support the needy.


       WORKING OF THE TAKAFUL
       BUSINESS: The Malaysian Case

Takaful Business is based on the concepts of

Mudarabah and Tabarru. Involvement of

these two Islamic forms of business eliminate

the elements of Riba and Gharar from the

insurance contract

In Family Takaful each Takaful installment is

divided and credited into two separate

Accounts namely, the Participants'

Account(PA) and the Participants’ Special

Account(PSA). A substantial proportion of the

installments is credited into the PA solely for

the purpose of savings and investment.


The balance of the installments is credited into the

PSA as `tabarru' for Sharikah Takaful Malaysia to

pay the Takaful benefits to the heir(s) of any

participant who may die before the maturity of the

contract.

The amount accumulated in the PA is invested in

various business according to Islamic financing

techniques, and the resultant profits are divided

between the company and the participants according

to the agreed upon ratio, e.g., 30-70.

The participant's share is calculated according to

their individual share in the PA, and credited into

their respective accounts, the PA and the PSA.


                             Mudarabah Model
                                                                                PROFITS
                                                                           ATTRIBUTABLE TO
                                                                            SHAREHOLDERS
 COMPANY
                                                                               COMPANY'S
                                                                           ADMINISTRATION &
                                                                             MANAGEMENT
                                                                               EXPENSES
   TAKAFUL CONTRACT                       PROFITS
                          INVESTMENT BY
 BASED ON PRINCIPLE OF                     FROM
                             COMPANY
    AL-MUDHARABAH                       INVESTMENT
                                                    OPERATIONAL                 SHARE OF
                                                      COST OF                SURPLUS FOR
                                                      TAKAFUL                THE COMPANY
                TAKAFUL
                             GENERAL      GENERAL                                   40% (Example Only)

PARTICIPANT CONTRIBUTI OPERATIONAL SURPLUS

                             TAKAFUL      TAKAFUL
               ON PAID BY                          COST OF TAKAFUL (PROFIT)
                               FUND        FUND                                     60% (Example Only)
              PARTICIPANT
                                                    OPERATIONAL                 SHARE OF
                                                      COST OF              SURPLUS FOR THE
                                                      TAKAFUL                 PARTICIPANT


                                Wakalah Model
 COMPANY                                                                     MANAGEMENT            PROFIT / LOSS
                   TAKAFUL ADMIN & MARKETING     SHARE OF PROFIT
                                                                             EXPENSES OF          ATTRIBUTABLE TO
                      EXPENSES 25% TO 35%       FOR THE COMPANY
                                                                               COMPANY            SHAREHOLDERS
                                                            40%
            TAKAFUL
       CONTRACT BASED               INVESTMENT    PROFITS FROM
        ON PRINCIPLE OF               BY FUND      INVESTMENT
          AL-WAKALAH
                                                             60%
                                                                 OPERATIONAL COST
                                                                    OF TAKAFUL /
                                                                     RETAKAFUL
                   TAKAFUL            GENERAL

PARTICIPANT GENERAL SHARE OF

                CONTRIBUTIO           TAKAFUL                    OPERATIONAL COST        SURPLUS
                                                     TAKAFUL                                         SURPLUS FOR
                  N PAID BY             FUND                         OF TAKAFUL          (PROFIT)
                                                       FUND                                         THE PARTICIPANT
                 PARTICIPANT         65% TO 75%
                                                                 OPERATIONAL COST
                                                                                                        100%
                                                                     OF TAKAFUL


                                    Waqf Model
             COMPANY  TAKAFUL OPERATOR FEES FOR                                MANAGEMENT             PROFIT / LOSS
                                                      SHARE OF PROFIT
                      ADMIN & MARKETING EXPENSES                               EXPENSES OF          ATTRIBUTABLE TO
                                                     FOR THE COMPANY
                               25% TO 35%                                        COMPANY             SHAREHOLDERS
                                                               40%
                                                                        PROFIT SHARING ON

INITIAL DONATION BY MUDARABHA BASES

SHAREHOLDERS TO
CREATE WAQF FUND
               Waqf       Waqf           INVESTMENT    PROFITS FROM
                                           BY FUND      INVESTMENT
          TAKAFUL                                               60%
     CONTRACT BASED
      ON PRINCIPLE OF
        AL-WAKALAH                                                    OPERATIONAL COST OF
                                                                      TAKAFUL /RETAKAFUL
                         TAKAFUL
                                                                                                               SHARE OF
          PARTICIPANT CONTRIBUTION        WAQF FUND                                        SURPLUS
                                                         WAQF FUND    OPERATIONAL COST OF                   SURPLUS FOR
                         PAID BY          65% TO 75%                       TAKAFUL         (PROFIT)
                                                                                                          THE PARTICIPANT
                       PARTICIPANT
                                                                      OPERATIONAL COST OF                      100%
                                                                           TAKAFUL


Payment of claims

Should the Participant die or suffer Permanent and Total

 Disability in the fifth year of participation, Takaful
 benefit will be paid in the following manner:-
 i. From Participant's Account = RM 4,890
                (RM978 x 5)
     profit if any, say              RM     400
 ii. From Participants Special      RM 5,000
      Accounts (RM1000 x 5)
 Total Takaful Benefit Payable      RM 10,290


In case the Partcipant survived

Should the Participant survive until the maturity of his

   FTPFile Transfer Protocol, payment of Takaful benefit will be made to him
   as follows:-

i. From his Participant's Account = RM 9,780

                (RM978 x 10)
   profit from investment            RM 1,800

ii. From Participants Special RM XXXX

   Account
   Total Takaful Benefit =          RM11,580 +
                             surplus determined
                             by SharikatTakaful.


THANK YOU