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139

decision to be revisited. The six experts caution that products for trade credit

Takaful

is

inadequate compared to the number of products available for trade financing. They also

opine that the marketing strategy for the present channel distribution is similar to that

of the conventional insurance where

Takaful

companies rely largely on intermediaries,

mostly banks to sell their products. Meanwhile one expert from Turkey views that in

addition to the customers’ demands and needs, the constant change in technology and

competition requires the

Takaful

companies to develop new products in order to

survive in the market and increase their competitiveness.

Two experts from Saudi Arabia said that SAMA is encouraging the Insurance Industry to

come up with innovative products to help grow the industry in the kingdom. They also

mentioned that the majority of the market share in Saudi Arabia is dominated by

compulsory products (Medical & Motor insurance), although there is a commitment for

growing other lines of businesses especially the Life insurance. The experts warn that

the size of

Takaful

companies is small, which does not allow them to grow and compete

on equal footing with their conventional counterparts. They therefore suggest that

regulators should not approve small companies, which are unlikely to do well in the

market.

4.

How does Shari'ah framework play a crucial role in the Takaful?

The experts are unanimous that the

Shari'ah

framework is the backbone of the

Takaful

industry. Four experts from Malaysia affirm that any

Takaful

operator in Malaysia that

does not comply with the

Shari'ah

would receive severe punishment from the authority

to the extent of revoking its license and closing down the company. Such measures instil

confidence in the customers and give them assurances. The four experts advise

Takaful

companies to have

Shari'ah

secretariat to manage the

Shari'ah

committee. The

secretariat performs three key functions:

Shari'ah

, office management and compliance,

and R & D. Furthermore, the four experts stated the

Shari'ah

governance system

provided by IFSB standards have two different perspectives: the IFSB-8, which is

focused on the

Takaful

sector, and IFSB-10 that discusses

Shari'ah

governance system

holistically. IFSB-10 ensures issuance of relevant

Shari’ah

pronouncements

/resolutions; dissemination of information on such

Shari'ah

pronouncements /

resolutions; an internal

Shari'ah

compliance review / audit, and an annual external

Shari’ah

compliance review. Meanwhile IFSB-8 provides best practices on approaches

to reinforce good governance. One of the experts from Turkey considers

Shari'ah

framework necessary for providing check and balance to the operations and product of

the

Takaful

industry to ensure they comply with the

Shari'ah

. According to him, such

framework also provides disclosure and transparency and gives confidence to

customers. An expert from Saudi Arabia states that in the Kingdom the cooperative law

is applicable to all insurance business. He also affirms that the general

Shari'ah

framework agreed upon such as AAOIFI

Shari'ah

standards should not be questioned,

especially when such standards are already being practised by several countries.