Islamic takaful: Business models, Shariah concerns, and proposed solutions

Abstract

AbstractIslamic insurance (takaful) is nearly as old as the Islamic banking system and dates back to 1979, when the concept was launched in Sudan and later in Saudi Arabia. Yet, unlike its banking counterpart, takaful has been covered less in the literature on Islamic finance, and its workings are not fully understood. Shariah scholars have raised a num‐ber of concerns about the Shariah permissibility of the business models employed in the industry. This article examines the basic principles of takaful and then analyzes the mechanics of the two models most commonly used in the industry— namely, the mudarabah system that was developed by the Malaysians and the wakala (agency) system that is now being used by most takaful operators and has achieved tremendous popularity and acceptance in recent years even in countries where the mudarabah model was earlier implemented. Shariah scholars have, however, expressed some misgivings about both approaches, but because of its wider acceptability among Shariah scholars in the case of the wakala approach, this is more urgent. With regards to the mudarabah model for risk management, there are major discrepancies that have been highlighted by Shariah scholars effec‐tively rendering it inappropriate to apply this for insurance contracts. For this reason, the article outlines a third model, a wakala with waqf fund, that seeks to remain within the wakala framework while incorpo‐rating modifications that may render it more acceptable from a Shariah perspective. © 2007 Wiley Periodicals, Inc.