Table of Contents

Research Handbook on International Insurance Law and Regulation

Research Handbook on International Insurance Law and Regulation

Research Handbooks in Financial Law series

Edited by Julian Burling and Kevin Lazarus

Given its economic importance, insurance is a field that has been underserved as an area of academic study. This detailed book provides much needed coverage of insurance law and regulation in its international context.

Chapter 20: Takaful Insurance: Squaring the Insurance Circle in Islamic Law

Mark Hoyle

Subjects: economics and finance, money and banking, law - academic, commercial law, finance and banking law, insurance law, law -professional, commercial law, finance and banking law

Extract

Mark Hoyle 1. INTRODUCTION Islamic insurance is usually referred to as ‘takaful’, which essentially means ‘sharedresponsibility’ or ‘guaranteeing each other’. It is derived from the word ‘kafl’, which means ‘guarantee’ or ‘responsibility’. Takaful insurance is based on rules and principles either derived from, or consistent with, the Sharia (and Islamic law), and can be characterised as an Islamic form of cooperative or mutual insurance, but one which is available to the general public. In order properly to understand the issues facing takaful, the structures and principles behind takaful must be understood. The legal and regulatory framework surrounding takaful is still in its infancy, with the most developed systems of Islamic finance and takaful being found in Malaysia. Although several Middle Eastern, Asian and some European countries offer takaful insurance products, they do not all have the legal and regulatory framework in place that is necessary to ensure competitiveness in the market place, stability, transparency and efficient financial reporting. This chapter will outline the basic concepts and structures of takaful insurance and attempt to deal with some of the legal and regulatory issues facing takaful around the world. 2. TAKAFUL Under a takaful system of insurance, participants make contributions to a fund to cover claims for insured events, whilst also benefiting from any returns generated by the investment of the fund in Sharia-compliant vehicles. Non-Muslims are free to participate together with Muslims. Unlike conventional insurance, the contributions are not owned by the operator, but held on trust. In...

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