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71

finance and

Takaful

networking and linkages to the global marketplace. MIFC was instrumental

in liberalizing the

Takaful

Industry in 2009 to pave way for the licensing of four new family

Takaful

in 2010.

Stage IV

(2011- 2019): This period saw further enhancement to the

Takaful

industry.

In 2012

there was enforcement of

Takaful

Operational Framework and the revised

Shari'ah

Governance

Framework. In 2013, the Islamic Financial Services Act (IFSA) 2013 was passed. This was

followed in 2015 by the introduction of roadmap to reform the life insurance and Family

Takaful

(LIFE) Framework by BNM. LIFE framework is tailored towards supporting the long-term

development of life insurance and Family

Takaful

.

All these developments have transformed Malaysia into becoming the leader of the

Takaful

industry in South East Asia. The country’s penetration of the

Takaful

market remains at 4.7%

measured by the percentage of total gross premiums and contribution over GDP. The insurance

and

Takaful

sectors earn high total premiums and contributions, which increased by 4.9% (from

MYR 63.5 to MYR 66.6 billion) in 2017. Total assets for these sectors also increase by 3.2% (from

MYR 299.5 billion to MYR 309.1 billion) in the same year (BNM, 2018). However, by the end of

2018, the lower-income groups in the country still received low rate of

Takaful

coverage.

Furthermore, the percentage change of Malaysians with single minimum individual or group

Family

Takaful

certificate or life insurance policy also remain low at 41%mark (BNM, 2018).

6.1.2. Legal and Regulatory Framework

The regulatory authorities for

Takaful

consist of the public and private authorities. Public

authorities are the institutions that have the statutory powers to regulate the industry. In this

respect, non-compliance will result in legal sanctions. Meanwhile, the private authorities refer

to associations or institutions which issues the code or rules for the best practices of the

Takaful

industry. On the other hand, the Minister of Finance is the authority that has been charged with

the responsibility of finance inMalaysia under the Federal Constitution of Malaysia. TheMinister

of Finance has the power to enact the law relating to financial matters, which include Islamic

finance, and in particular,

Takaful

. Concerning the implementation of Islamic finance in

Malaysia, the Minister of Finance has granted the powers and functions to the BNM to promote

financial stability and compliance with

Shari'ah

(Section 6 of the IFSA 2013). For instance, BNM

provides the recommendations for the Ministry of Finance on the businesses and activities of

TOs and their authorization under the provisions under IFSA.

The Islamic Financial Services Act 2013 (IFSA) is the main legislation governing the

Takaful

industry in Malaysia. The introduction of the IFSA 2013 has strengthened the legal frameworks

for the

Takaful

industry inMalaysia. All the TOs were given a grace period of five years to comply

with the new law (IFSA, 2013). IFSA (2013) divided the

Takaful

business into two categories

which are the Family

Takaful

business and General

Takaful

business. The

Takaful

business

license is granted by the Minister of Finance pursuant to the recommendation by BNM. In

addition, another law that is applicable to the

Takaful

industry in Malaysia is the Companies Act