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61

CHAPTER 5: ISSUES, CHALLENGES AND FUTURE OF THE TAKAFUL

INDUSTRY

Takaful

is an important emerging sector in the Islamic financial services industry that has

exhibited persistent, exciting growth globally. It offers an alternative to conventional insurance,

since its introduction. Nevertheless, there are some issues and challenges that have been

identified and addressed in the literature relating to

Takaful

. This chapter illustrates the

structural, regulatory and technical challenges facing the

Takaful

market specifically on

standardisation, taxation, competitiveness and bankruptcy. The key points are discussed here

to find regulatory solutions to themwhile seeking to improve the overall architecture of

Takaful

undertakings in a jurisdiction. Further, we discuss the expectations about the future

development of the

Takaful

industry. While these issues are generally discussed here, the next

chapter will provide specific case studies in selected jurisdictions where more issues and

challenges are identified with a view to finding policy solutions to them.

5.1. Issues

The major issues identified in the modern

Takaful

industry relate to operational, regulatory, and

legal and

Shari'ah

matters, as well as market competitiveness. Most of the issues discussed here

are meant to raise probing questions that should intrigue all policymakers and spur further

developments of the

Takaful

industry. The issues are derived fromexisting literature with a view

to identifying areas where policymakers should focus on in their efforts towards improving the

Takaful

sector.

5.1.1. Nature of

Takaful

Entity

As earlier discussed, it appears there are still some ambiguities regarding the nomenclature of

a

Takaful

scheme even though concepts such as

tabarru’

and

ta’awun

have been relied on in the

modern evolution of

Takaful

. A fundamental question that is still relevant in the contemporary

discourse is the very nature of the

Takaful

entity, which is important in determining the

regulatory and prudential framework for offering

Takaful

products in a jurisdiction (Altuntas,

Berry-Stölzle, & Erlbeck Anja, 2011). Though virtually all

Takaful

schemes are profit-oriented,

one would wonder whether a charity based

Takaful

arrangement can better serve the unbanked

population to enhance financial inclusion through micro-

Takaful

initiatives. Can a concept such

as a

waqf

be utilised for such an innovative product through a professional management

company? There could be a dedicated

waqf

model for

Takaful

specifically meant to serve public

good within a particular society or industry to address some economic injustice (Haneef,

Pramanik, Mohammed, Bin Amin, & Muhammad, 2015).