Retakaful: Compatibility and Other Principles
Bearing in mind the limited
resources of retakaful available and the fact that there are several
operational models being used by cedants, it is vital to have retakaful models that
are compatible with any underlying models used by takaful operators. The situation of a retakaful contract not being
concluded solely because of model incompatibility should be avoided as far as
possible. Otherwise, the retakaful
industry would not be able to maximise its role in supporting the growth of
takaful, and the development of the retakaful industry itself will be slowed
down.
Importantly all three models of
takaful operate on the basis of tabarru’, particularly in defining the
relationships amongst participants of the pool.
What makes them different from one other is the relationship between the
takaful operators and participants, which then leads to the question of how to
remunerate the takaful operators. Under the
mudharaba model, the relationship is defined as between investor (rabb ul maal)
and entrepeneur (mudharib) and the remuneration of the operator is paid from
its agreed share of profit. Under the wakala
and waqf models, the takaful operator acts as the agent or representative of
the participants and is remunerated by a pre-determined fee.
In addition to compatibility,
the following basic principles should be fulfilled by retakaful in order to be
shariah compliant:
- There
should be no element of risk transfer from the pool/participants to the
retakaful operator.
- The
retakaful pool must operate on a basis of Tabarru’ (doing good deeds) amongst
participants.
- None
of the prohibited elements under Islamic Shariah law should manifest itself in the
retakaful model such as riba, dhuluum (injustice), concealment etc.
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Adopted from Akoob, M. (2008). Reinsurance and Retakaful. In S. Archer, R. Karim, & V. Neinhaus, Takaful and Islamic Insurance: Concept and Regulatory Issues. Singapore: John Wiley & Sons (Pte) Ltd
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