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legal issues have metamorphosed into new challenges, including the inability of the
Takaful
sector to meet up with the fast-paced developments in the conventional insurance industry
(Maysami & Williams, 2006). It appears the
Takaful
sector is still largely overshadowed by the
conventional insurance in all jurisdictions despite the gains recorded in the Islamic banking and
Islamic capital market sectors. Several challenges identified here include inadequate awareness
among the faith-biased financial consumers, lack of political will in some jurisdictions,
inadequate
Re-Takaful
capacity, limited investment options, inadequate skilled human
resources, weak regulatory support, inadequate distribution capacity and minimal efforts in
research and development.
5.2.1. Inadequate Awareness
The low level of
Takaful
penetration in most Muslim jurisdictions speaks volume of the level of
awareness of the value proposition of
Takaful
byMuslim consumers. It is challenging to compete
with well-established conventional insurance companies, but when one comes up with a good
value proposition through innovative products that are not only
Shari'ah
-compliant but also
conventionally competitive, then it might be possible to disrupt the existing market.
5.2.2. Lack of Political Will
Some of the jurisdictions that have significantly developed their
Takaful
markets, such as
Malaysia have relied substantially on political will. Therefore, to improve the
Takaful
sector in
any jurisdiction, government policies must be tailored to fulfil such objective. Such support is
required not only from the executive arm of the government but also the legislature and the
judiciary. The legislature would pass laws that promote
Takaful
while the executive implements
such laws for the benefit of the people. The judiciary will mediate in times of dispute to ensure
decisions made are well-thought-out and implemented through its public-interest decisions. In
terms of political will, the regulatory and supervisory authority in a jurisdiction may direct that
all financial services providers in the country should adopt the AAOIFI and IFSB standards and
guidelines relating to
Takaful
. This will immediately streamline all practices in the industry.
5.2.3.
Re-Takaful
Capacity
In order to fully underwrite bigger and complex risk, TOs need
Shari'ah
-compliant
Re-Takaful
companies (Arbouna, 2000). There is a limited number of
Re-Takaful
companies in most
jurisdictions even though the market has seen an increasing appetite on the part of some global
reinsurance giants in
Takaful
. Such insurance giants that have established their
Re-Takaful
subsidiaries include Munchener Ruckversicherungs-Gesellschaft (Munich Re
Re-Takaful
), Swiss
Reinsurance Company Ltd. (Swiss Re
Re-Takaful
), AIG
Re-Takaful
, and RGA Global Reinsurance.
Though some
Shari'ah
scholars see no objection in utilising conventional reinsurance methods
in
Re-Takaful
business as they believe the methods comply with the
Shari'ah
(Gunardi,
Deuraseh, Tahir, & Ahmad, 2013), it is always better to scrutinise the nitty-gritty of such
methods and contractual arrangements involved before accepting such methods.