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2.3. Comparison of
Takaful
with Conventional Insurance
This section presents a comparative analysis of the
Takaful
insurance in comparison with
conventional insurance, emphasising on the concepts, features and nature of risks. The concept
of
Takaful
is quite like cooperative insurance (called
ta’min ta’awuni
) where the participants
mutually agree to help one another. The participants undertake to contribute a certain amount
of money as
tabarruʻ
(donation) to the
Takaful
fund, and they are also entitled to receive
Takaful
benefits payable from the fund on the occurrence of certain events covered under the scheme.
Therefore, under a
Takaful
arrangement, the
Takaful
participants play in the same time the roles
of insured (policyholders) and the insurer (
Takaful
benefits provider). Unlike the conventional
insurance companies which undertake to provide compensation to the policyholders, the TO’s
duty is only to manage the
Takaful
fund and administer
Takaful
certificates (policies)
adequately.
Thus, the main features of
Takaful
can be summarised as follows:
Policyholders (
Takaful
participants) jointly protect their common interest.
The participants pay their contributions to assist those of them who need assistance.
The payment of
Takaful
contributions is made based on
tabarru’
to share the burden of
losses and spread liability as per the community pooling system.
Based on the contract of
tabarru’
, the element of uncertainty in the payment of
contribution and compensation is tolerated.
Takaful
is not aimed at taking the advantage at the cost of others.
The
Takaful
company is not an insurer which is obliged to pay indemnification or
Takaful
benefits to the participants, but it is only a manager or administrator
responsible for managing the fund and administering its operations.
As discussed above, there are debatable issues among Muslim jurists about the concept of
insurance. This makes a case for the need to examine the differences between
Takaful
and
conventional insurance based on a number of themes
. Table 3below provides a snapshot of the
differences between
Takaful
and conventional insurance.
T
ABLE
3:
T
AKAFUL
VS
C
ONVENTIONAL
I
NSURANCE
Themes
Conventional Insurance
Takaful
Concept
Based on the Contract of
Bottomry
Based on
Aqilah
Principle
The Contract of
Bottomry
was founded on interest
Aqilah
was practised based on
cooperation among the tribes
Contractual
relationship
Interest-based contract
Bilateral contract
Shari'ah
-compliant
Takaful
models
Multilateral contract
Motive
Profit based
Mutual help and
tabarru’