Takaful Muhammad Ayub

                                            An Introduction to

                              Takaful – An Alternative to Insurance

                                                                             By (Muhammad Ayub)∗

      Islamic finance has developed mainly in two directions namely Islamic banking and

Islamic insurance (Takaful). While information about Islamic banking is being

increasingly disseminated, features, models and structures of Takaful are little known

particularly in Pakistan. Purpose of this brief article is to describe main features and

models of Takaful system operating in various parts of the world.

      All human beings are invariably exposed to the possibility of meeting catastrophes

and disasters giving rise to misfortunes and sufferings such as death, loss of limbs,

accident, destruction of business or wealth, etc. Notwithstanding the belief of all

Muslims in Qadha-o-Qadr, Islam provides that one must find ways and means to avoid

such catastrophes and disasters wherever possible, and to minimize his or his family's

financial losses should such events occur. One possible way out is to buy an insurance

cover as in the conventional system.

      Different views have been expressed about the status of conventional insurance

from the point of view of Islam. An overwhelming majority of the Shariah scholars

believe that it is unlawful due to involvement of Riba (interest), Maisir (gambling) and

Gharar (uncertainty).@ Takaful, the Islamic alternative to insurance, is based on the

concept of social solidarity, cooperation and mutual indemnification of losses of

members. It is a pact among a group of persons who agree to jointly indemnify the loss

or damage that may inflict upon any of them, out of the fund they donate collectively.

The Takaful contract so agreed usually involves the concepts of Mudarabah, Tabarru´ (to

donate for benefit of others) and mutual sharing of losses with the overall objective of

eliminating the element of uncertainty.

      Takaful is not a new concept in Islamic commercial law. The contemporary jurists

acknowledge that the foundation of shared responsibility or Takaful was laid down in the

system of ‘Aaqilah’, which was an arrangement of mutual help or indemnification

customary in some tribes at the time of the Holy Prophet (pbuh). In case of any natural

calamity, every body used to contribute something until the loss was indemnified.

Similarly, the idea of Aaqilah in respect of blood money or any disaster was based on the

concept of Takaful wherein payments by the whole tribe distributed the financial burden

among the entire tribe. Islam accepted this principle of reciprocal compensation and joint

responsibility.

      The contract of Takaful provides solidarity in respect of any tragedy in human life

and loss to the business or property. The policyholders (Takaful partners) pay

subscription to assist and indemnify each other and share the profits earned from business

conducted by the Company with the subscribed funds. Takaful companies normally

divide the contributions into two parts, i.e., donations for meeting mortality liability or

@

 Maisir means any forms of business in which monetary gains come from mere chance, speculation and

conjecture and not from work or real sector business. Gharar means any major uncertainty about the

subject matter or rights & liabilities of parties to the contract.

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losses of the fellow policyholders and the other part for investment. Accordingly, the

clause of Tabarru´ is incorporated in the contract. How much of the contribution is

meant for mortality liability and how much for investment account is based on a sound

technical basis of mortality tables and other actuarial requirements. Both the accounts are

invested and returns thereof distributed on Mudarabah principle between the participants

and the Takaful operators. The profit attributable to the participants is credited into the

two accounts separately. To describe from another angle, a Takaful contract may

comprise clauses for either protection or savings/investments or both the benefits of

protection as well as savings and investment. The protection part of Takaful works on the

donation principle according to which individual rights are given up to indemnify the

losses reciprocally. In the Savings part, individual rights remain intact under Mudarabah

principle and the contributions alongwith profit (net of expenses) are paid to the

policyholders at the end of policy term or before, if required by him.

      The distinction between the conventional insurance and Takaful business is more

visible with respect to investment of funds. While insurance companies invest their funds

in interest-based avenues and without any regard for the concept of Halal-o-Haram,

Takaful companies undertake only Shariah compliant business and the profits are

distributed in accordance with the pre-agreed ratios in the Takaful Agreement. Likewise

they share in any surplus or loss* from the pool collectively. Takaful system has a built-

in mechanism to counter any over-pricing policies of the insurance companies because

whatever may be the premium charged, the surplus would normally go back to the

participants in proportion to their contributions.

        The terms ‘Family Takaful’, ‘Takaful Ta´awani’ or just ‘Takaful’ are generally

used for family solidarity in place of conventional life insurances. Other products

available in various countries are General Takaful, Education/Medical Takaful, etc.

Based on the nature of relationship between the company and the participants, there are

various models like Wakalah (agency) Model, Mudarabah Model and the combination of

agency and Mudarabah models. In the Sudanese Takaful Model that is preferable to

majority of the contemporary Shariah experts, every policyholder is also the shareholder

of the Takaful Company. There is a Board that runs the business on behalf of all the

participants and there is no separate entity managing the business. The legal framework

in other Islamic countries normally does not allow this arrangement and Takaful

companies work as separate entities on the basis of Mudarabah (as in Malaysia) and on

the basis of Wakalah (as in the Middle East region). In Mudarabah model that is

practised mainly in the Asia Pacific region, the policyholders get profit on their part of

funds only if Takaful Company earns profit. The sharing basis is determined in advance

and is a function of the developmental stage and earnings of the Company. The Shariah

committee approves the sharing ratio for each year in advance. Most of the expenses are

charged to the shareholders.

      In Wakalah Model, the surplus of policyholders’ funds investments – net of the

management fee or expenses - goes to the policyholders. The shareholders charge

Wakalah fee from contributions that covers most of the expenses of business. The fee

 Losses, if any, are first absorbed by reserves known as Participants Equity, then from interest free loans

from shareholders of Takaful Company and then by a general increase in pricing by the Company.

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rate is fixed annually in advance in consultation with Shariah committee of the company.

In order to give incentive for good governance, management fee is related to the level of

performance.

     The Takaful business has proved its viability in a period of only two decades. It has

been growing at the rate of 10-20% p.a. compared to the global average growth of

insurance 5% p.a. A large number of Takaful Companies exist in the Middle East, Far

East, Iran, Turkey, and Sudan and even in some non-Islamic countries. There are over 60

companies offering Takaful services (including Windows- 5%) in 23 countries around the

world. Malaysia has developed Re-Takaful business as well. Takaful products are

available to meet the needs of all sectors of the economy, both at individual as well as

corporate levels to cater for short and long term financial needs of various groups of the

society.

     A Convention of D-8 countries was held in Kuala Lumpur in November, 2002 on

“The Emergence of Takaful in the Wake of Globalization”. It is worth noting that among

D-8 countries it is only Pakistan where Takaful business has not been introduced so far.

Islamic banks and financial institutions require Takaful services for their operations.

Although, the insurance business in Pakistan falls in the jurisdiction of the Securities &

Exchange Commission, Pakistan, institutions operating Islamic banking would have to

deal with insurance. As such, the Central Bank should desire that Takaful business be

introduced in the country at the earliest. In the revised Insurance Act, the Government of

Pakistan has added the provisions for Takaful companies in the country. As reported in

the press, Pak Kuwait Investment Corporation has recently been allowed by the SEC to

establish a Takaful Company in Pakistan under the name of “First Takaful Insurance

Company Limited” with authorized capital of Rs 100 million.

∗

 The writer is Senior Joint Director, Islamic Banking Department, State Bank of Pakistan Karachi.

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