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tabarru’ . The Takaful concept deals with pure risk and not speculative risk. Thus, maysir
cannot be associated with Takaful since the element of risks that exists in maysir is not
a pure risk but creates new, unnecessary speculative risks. It is also wrong to claim that
there is an element of maysir because the aim of gambling is gaining material wealth
while defeating other gamblers. Takaful, in contrast, is meant for mutual cooperation
and assisting one another (ta’awun). It is mutual assistance to orphans, widows, other
dependants as well as one’s self against unexpected future loss, damage or perils.
4. It is claimed that Takaful is contrary to the principle of tawakkul (reliance on God
or trusting in God's plan). This misconception is based on the fact that the
policyholder puts trust on the Takaful company to protect him against an
unanticipated loss instead of putting the trust in Allah the Almighty and this is in
contradiction with the principle of tawakkul as we can only put our trust in Allah
the Almighty. The claim can be rebutted by understanding the real concept of tawakkul
whereby one does his best to protect the risk and afterwards hopes for the best by
putting his trust in God and with God’s blessings. The reason is that Takaful is used as a
financial tool to provide indemnification or financial benefits on the occurrence of loss
to reduce the financial burden suffered by the policyholder. It could be considered as an
initiative or effort to the best of the policyholder’s ability to overcome future unexpected
difficulties. Also, based on the tawakkul concept, one is asked to strive for his best before
putting his trust in Allah the Almighty.
5. It is claimed that Takaful means to insure one’s life against death or to insure one’s
wealth and property. This is against Allah’s will on the ground that no one can
insure one’s life or death except Allah. Thus, the practice of Takaful is unlawful. It
was further argued that insuring or protecting wealth is only allowed in three
situations; fear for unjust enrichment, fear of losing the property and fear of
property being destroyed. However, in Takaful, the protection is given regardless of
the presence of the above three situations. This argument seems to be groundless
based on the reason that the Takaful certificate does not overpower Allah’s will.
Takaful’s aim is not to determine one’s life or death but to ensure that the policyholder
gets financial benefits from the Takaful fund on the occurrence of any unexpected loss
or damage. Such transaction is in accordance with the Shari'ah principle as Islam
encourages the people to do their best in protecting themselves from any difficulties and
help one another.
6. It is claimed that Takaful also contains unlawful elements or conditions. A contract
which is based on impermissible elements is not valid as the Prophet (PBUH) mentioned
in a Hadith (Jami’ al-Tirmizi, Vol.3 Book of Judgement, Hadith 1352): “Muslims are bound
by their stipulation or conditions except for the conditions that prohibit the lawful or the
conditions that permit the unlawful”.