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34

Another concept that embodies the elements of cooperation and mutual help is

al-nahd

or

nihd,

which refers to the contributions made by a group of people for their expenses according

to their number. This term is normally used for the contribution of food and drink. It is

explicitly mentioned by Al-Bukhari in relation to the practice of the Companions of the

Prophet (PBUH) whereby they collected and shared their food during their journey or due to

the shortage of food supplies. This practice is acknowledged by the Prophet (PBUH), as

evident in several hadith, one of which is translated as follows:

When the people of Ashʻari tribe ran short of food during the holy battles, or the food of their

families in Medina ran short, they would collect all their remaining food in one sheet and then

distribute it among themselves equally by measuring it with a bowl. So, these people are from

me, and I am from them

.” (Sahih Bukhari, Kitab al-Faraidh, Vol. 8, Book 80, no. 725).

The sharing of resources in

nihd

may be analogous to the contribution to the

Takaful

fund.

Another similarity between

nihd

and

Takaful

is that the amount of food or compensation that

is given to the recipient is not equal to the amount of his/her contribution. However, the

difference between the amount of contribution and the amount of benefit is not

riba

because

the objective of

nihd

and

Takaful

is for charity and cooperation.

Finally, the concept and institution of

waqf

also provide support for the idea of mutual help.

Waqf

refers to Islamic charitable endowment in which a property is given away for the benefit

of the public or specific beneficiaries by freezing its corpus from being transferred to others

while its usufruct is dedicated permanently to the recipients.

Waqf

has been established in

Muslim communities for different purposes, which are determined by the founder (

waqif

).

Even though the

waqif

permanently loses his ownership over the

waqf

property according to

the majority of the Muslim jurists, he could still share some of its benefits with the

beneficiaries. This feature makes

waqf

seem to be an appropriate basis for the application of

Takaful

.

The above illustrations support the general concept of

Takaful

to mutually compensate the

losses suffered by a member of a group or society.

Takaful

conforms to the Islamic principles

on the protection of public interest (

maslahah

).

Takaful

embodies the elements of

cooperation, mutual indemnity and shared responsibility, which are promoted by the

Shari'ah

and supported by several related practices mentioned above. Since

Takaful

also shares some

similarities with these practices which are approved by Islamic law, the same recognition

should be given to

Takaful

.