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26

On the contrary, it is to be noted that Takaful does not contain unlawful conditions. It is based

on such lawful contracts as

tabarru'

,

mudarabah

(trust partnership contract) and

wakalah

(agency contract). However, all terms and conditions in the contracts must be

Shari'ah

-

compliant or, otherwise,

Takaful

contract is not valid.

In a nutshell, the above misconceptions arose as a result of the lack of understanding about the

genuine concept of

Takaful

which is an arrangement of mutual assistance aiming to assist

orphans, widows, other dependents as well as the policyholder himself against unexpected

future loss, damage or peril.

2.1.2. Significance of Insurance and

Takaful

Risk is the probability of two outcomes, and the ultimate outcome is usually unknown. Others

see risk as the probability of loss in an event. Risk is an integral part of life as every human

endeavour, particularly in business activities, entail risk. It is typically attributed to uncertain

events in the future such as accidents, death, thefts, fire, diseases, and disasters, among others,

that may result in losses, damage and financial difficulties. From time immemorial, people

continue to develop measures and tools to manage risks. In modern times, such tools are

primarily in the form of insurance, which has become indispensable for individuals and

businesses to mitigate and manage risks that otherwise could result in losses and adversely

affect people’s lives and their wealth.

The insurance industry today has become an essential component of business and financial eco-

system. The insurance business is largely operated by non-banking institutions. Nevertheless,

both the banking and non-banking financial institutions have to conform to the insurance

regulatory requirements and guidelines to provide their services. Individuals, businesses and

governments have been increasingly using insurance services to manage risks against

unforeseeable incidents and losses to life and wealth.

The rapid development of Islamic finance has necessitated the need for

Shari'ah

-compliant

alternative to conventional. This alternative, which is based on

Shari'ah

principles may also be

referred to as “Islamic insurance”.

Takaful

operates in line with

Shari'ah

principles and, at the

same time, offers the benefits and services equivalent to its conventional counterpart. Therefore,

Takaful

has evolved in response to the ever-increasing yearning of faith-based financial

consumers for an insurance system fulfils their religious beliefs and provides the desired risk

coverage for individuals and IFIs. The Islamic banking, capital market and insurance have

complemented one another in the

Shari'ah

-compliant eco-system. The

Takaful

industry now

includes small, medium and large firms. The industry has rapidly developed in such a short

period globally in both Muslim and non-Muslim countries. This growth has far-reaching positive

implications for individuals and businesses patronising

Takaful

and abandoning conventional

insurance for reasons related to both business and belief. Beyond the religious principles

underpinning it, the

Takaful

theoretical model is fundamentally based on mutual benefits and

cooperation.