Takaful Insurance and Shariah

Takaful Insurance Co.  and Shariah,

 Shariah is  paying  attention and has called  in all legislation  to create a society based on cooperation and solidarity.

There are main evidences in Shariah about Takaful – cooperation concepts that lead to supporting  Insurance services compliant with Shariah and as Al- Takaful Co. apply it :

First: From the Holy Quran

Allah Says in Quran :

  • “And cooperate in righteousness and piety, but do not cooperate in sin and aggression. And fear Allah “(Surit Al-Maidah)
  • “O you, who have believed, bow and prostrate and worship your Lord and do good - that you may succeed”. (Surit Alhajj)
  • “And let those [executors and guardians] fear [injustice] as if they [themselves] had left weak offspring behind and feared for them. So let them fear Allah and speak words of appropriate justice “. (Surit Alnisaa)

 

Secondly: Sunnah

  • The Prophet Mohammed  () said, "When the people of Ash`ari tribe ran short of food during the holy battles, or the food of their families in Medina ran short, they would collect all their remaining food in one sheet and then distribute it among themselves equally by measuring it with a bowl. So, these people are from me, and I am from them."

In reasoning: insurance compliant with Shairah and cooperation –Takaful-  among its participants to repair the effects of risks represents a practical  example  about meaning of cooperation approved by the Holy Prophet PBUH in this talk and urged him.

  • Mostafa (May Allah be pleased with him) reported: Messenger of Allah () said, "The believers in their mutual kindness, compassion and sympathy are just like one body. When one of the limbs suffers, the whole body responds to it with wakefulness and fever".

 

  • And his saying May Allah be pleased with him: That the Messenger of Allah () said: "Whoever relieves a Muslim of a burden from the burdens of the world, Allah will relieve him of a burden from the burdens of the Hereafter. And whoever covers (the faults of) a Muslim, Allah will cover (his faults) for him in the world and the Hereafter. And Allah is engaged in helping the worshipper as long as the worshipper is engaged in helping his brother."

 

  • And he said: Messenger of Allah () said, "The relationship of the believer with another believer is like (the bricks of) a building, each strengthens the other." He () illustrated this by interlacing the fingers of both his hands.

In reasoning: to subsidize and help  Muslim brother is  the best worship to  Allaah, and to pay compensation to affected participants on insurance is a practical application of physical cooperation urged in this Hadith.

  • Alawakl concept  in Shariah that is proven in the Sunnah: in cases of manslaughter by mistake  which mentioned to pay to killed person party some of money as compensation . so killer party will cooperate to gather amount of money.

Third:  Purposes of Shariah

-The purposes of Islamic law based on the interests of serfs to bring benefits to them and to support them when any bad matters faced. There is no doubt that cooperation among the insured persons based on the binding donation is a practical matter acording to above.

 

 Fourth: Mental Evidence

  •  Islamic Insurance working out of  RIBA in its various images by  deposit,borrowing and investment.
  •  The insurance based on a voluntary basis among participants which eliminates any impact of GHARAR – uncertainty - .

 

Fifth:  Approval of Islamic Fiqh academies and bodies of Shari'ah scholars as follows:

 1. The Islamic Fiqh Council of the Muslim World League at its first session on 10 July 1398 in Mecca.

 2. The decision of the Council of senior scholars in Saudi Arabia at its tenth session in Riyadh in 1397 h, which stated: ((after study and discussion, the Board decided that  trading cooperative insurance is accepted and able to be alternative of commercial insurance ...)).       

3. The decision of the Islamic Research Council of Al-Azhar Al-Sharif  

4. Jordan's Ifta’ Council.

Shariah Supervisory Committee

  • Dr. Ali Mohammad Ali Musleh A-Sartawi as chief of committee.
  • Dr. Ismael Shandi as member.
  • Dr. Khamis Abda as member.

Where they  have access to all documents , insurance company accounts , investments and reinsurance agreements.