Previous Page  69 / 178 Next Page
Information
Show Menu
Previous Page 69 / 178 Next Page
Page Background

64

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.