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38

CHAPTER 3: TAKAFUL BUSINESS MODELS

This chapter examines the various

Takaful

business models used in the Islamic finance industry

with certain noticeable variations across different jurisdictions. It also examines the types of

Takaful

structures utilized that have some implications for the way they are established,

managed and accept contributions. This is reflected in the different contractual relationships

established in the different models identified.

The discussion on the business models of

Takaful

involves the analysis of the existing practices

of the

Takaful

industry and its business models. It discusses the operational models adopted by

Takaful

companies, including the various

Takaful

structures in the market. It also provides

diagrams and charts to analyse the structures and working mechanisms, considering the

similarities and differences of each. More importantly, it provides charts for each model, clarifies

the flow of contributions, and distinguishes between General and Family

Takaful

once each

Takaful

structure model is reviewed.

3.1. Underlying Contracts in

Takaful

One of the fundamental differences between conventional insurance and

Takaful

is the

underlying contract. A conventional insurance contract is a contract of exchange, whereby an

insurance company (insurer) promises to provide insurance coverage or protection against

certain losses, in consideration of the insurance premiums paid by the policyholder (insured).

Under the insurance contract, there is no element of cooperation andmutual protection between

the insurer and the insured parties collectively, because the former makes a profit by providing

insurance coverage for a predetermined premium paid by the latter.

On the other hand, in a

Takaful

scheme, the

Takaful

participants are simultaneously the insurer

and insured. They collectively contribute to a

Takaful

fund which will be used to pay claims to

any of them who incurs certain losses. Their contributions do not derive advantage at the cost

of others but ensure mutual financial protection or indemnity among themselves. Unlike the

conventional insurance company, a

Takaful

company is not an insurer which takes liability to

insure the participants in consideration of the

Takaful

contributions paid by the participants.

However, the former only manages and invests the

Takaful

funds on behalf of the latter.

Therefore, there are two types of the contractual relationship in the

Takaful

arrangement:

a)

the contractual relationship among the group of participants, and

b)

the contractual relationship between the group of participants and the TO.