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Takaful is defined as a mutual arrangement
between parties in which they agree
to provide material assistance to
one another or a group, in time of
a misfortune. The agreement also stipulates
that each party shall first agree
on the form of contribution which
will be utilized later on the basis
of mutual benefit. The Takaful scheme
fulfills the spirit of Islamic Jurisprudence
(Syariah) which is the combination
of the concept of co-operation, protection,
and responsibility and they are implemented
together. This will bring out the
beauty of Islam which is more practical
rather than conventional Insurance
which is not allowable in Islam.
The idea to set up a takaful system
stems from the Islamic community’s
wish to conduct their affairs according
to Islamic law. This in turn is a
consequence of the efforts of the
Islamic Mujaddids (reformists) in
the nineteenth and twentieth centuries
who propounded that Islam is not only
restricted to a set roles and regulations
concerning ibadah (worship) and munakahat
(marriage), but a complete way of
life (nizamul hayah) including the
spheres of business transactions.
The concept of conventional insurance
has not achieved full agreement from
scholars whether it is permissible
(halal) or prohibited (haram). Since
conventional insurance as it is being
practiced now did not exist during
the Prophet’s time, ‘ijtihad’ is
used to determine whether it is permissible
or otherwise. Among scholars who ruled
that conventional insurance is haram,
there are disagreements as to the
reasons why it is haram.
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What
is the argument of the scholars who said
that insurance is permissible (Halal)? |
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The scholars who are of the opinion
that insurance is permissible said
that insurance is a modem contract
and there is no injunction (nass)
regarding it. If there is no injunction,
then it is allowed (mubah). They based
their argument on the established
legal maxim that "The original
legal position on any matter is permissibility
until there is evidence prohibiting
it." This legal maxim is based
on the Quran of which some of the
related verses are as follows:-
We have subjugated to you all that
is in the heavens and the earth (45:13)
These scholars further claimed that
insurance is a contract that brings ‘maslahah’ (public
interest) to the insured. Without
insurance for example, one’s
next of kin will suffer a huge burden
after his death. The scholars further
said that custom (uruf) establishes
the practicality of Insurance.
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Why
conventional insurance is prohibited (Haram)? |
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The
commercial conventional insurance contract
is prohibited (haram) according to the
Shariah because of the following reasons:
[a] Gharar
‘
Gharar’ is taken from Arabic word
which means uncertainty. According to
scholars, ‘gharar’ is defined
as a contract where the results are not
known or hidden or one of the possibilities
where the frequent occurrence is the one
that is more feared. The conventional
insurance contract is a contract of exchange
whereby the insured pays the price (premium)
and the insurer provides compensation.
In a contract of exchange, the ‘gharar’ element
that can nullify the validity of the sale
is consent. The Quran says which means
"
O who you believe, do not eat property
amongst you in a false way, except through
trade by mutual consent." (An-Nisa’:29)
However, the subject matter in a contract
is required in determining consent because
it is not logical to say that one gives
consent to something that he does not
know. There are four types of ‘gharar’ which
are clarified by our scholars. These are:
i. Gharar in the outcome
When the contract is made, neither the
insurer nor the insured knows the outcome
of the contract. The insured does not
clearly know whether he will get compensation
or not as an exchange to the premium that
he has paid. Similarly, the insurer does
not know the outcome.
ii. Gharar in the existence
In the conventional insurance contract
the insured does not know the existence
(quantum) of the compensation since it
depends on the outcome that may or may
not happen.
iii. Gharar in the results of the exchange
When the contract is made, neither the
insurer nor the insured knows the outcome
of the exchange. The insured does not
know whether they will receive the compensation
in exchange for the premium that they
pay. Similarly, the insurer does not know
how much premium they will receive. Sometimes
the insurer receives the premium only
once or a few times, but has to indemnify
an amount that is not commensurate with
the premium.
iv. Gharar in the contract period
According to some scholars, when a contract
is deferred, the period must be made known.
If not the contract is considered void.
The same situation arises in the conventional
insurance contract whereby compensation
is based on a time frame that is not known.
[b] Maisir
‘
Maisir’ is also taken from Arabic
word which means gambling. The conventional
insurance contract is equated with gambling
where if the peril (risk) occurs, the
insurer will lose. On the other hand if
the peril does not occur, the insured
will lose. Furthermore some scholars argue
that the source of the money that is being
paid as compensation is not determined.
[c] Riba
‘
Riba’ is taken from Arabic word
which means interest. There are many verses
that prohibit ‘riba’. What
exactly constitutes ‘riba’ has
always been a disagreement among scholars.
Some scholars are of the opinion that
interest whether on principal or late
payment is ‘riba’. Other forms
of ‘riba’ established by the
sunnah of the Prophet is the exchange
of ‘ribawi’ elements where
there is a difference in time and/or quantity.
The ‘ribawi’ elements mentioned
by the Prophet are gold for gold, silver
for silver, wheat for wheat, barley for
barley, dates for dates, and salt for
salt. Rightly or wrongly, by making an
analogy, money is similar to gold and
silver where it is a medium of exchange.
Therefore it is a ‘ribawi’ element
and that in the contract of exchange between
the insurer and the insured there is difference
both in quantity and amount. Furthermore,
these scholars argued that conventional
insurance companies give out loans from
the premiums received and charge interest
and no doubt that this is ‘riba’.
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What
are the differences between Takaful and
Conventional Insurance? |
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| Takaful |
Conventional
Insurance |
Based
on mutual co-operation and ’Tabarru’ |
Based
solely on commercial factors |
Free
from ’riba’, ’gharar’ and ’maisir’. |
Abundant
with ’riba’, ’gharar’,
and ’maisir’. |
Syariah
Advisory Council (SAC). |
No
Syariah Advisory Council
(SAC). |
Profit
will be shared among operator
(company) and participant
on Mudharabah basis or Performance
Investment Fee. |
Interest
practice. |
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What
is the beauty of Takaful? |
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The
beauty of this system is that participants
can obtain two forms of profit. Firstly,
the monetary profits through this protection
scheme and secondly, the “profit” in
the spiritual sense whereby participants
can exercise their religious and social
responsibilities through the 'Tabarru’ method
which would be handed to those who suffer
losses and misfortune. The advantage
of this system is that it is not only
for the benefit of the Muslim but also
for the prosperity of all participants,
irrespective of their religious beliefs. |
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Al-Wakalah is the contract wherein
the participant authorizes the operator
to conduct the affairs of the fund
on his/her behalf. Through this contract,
Takaful IKHLAS will charge a management
fee from the Ta’awuni Account
Pool (TAP) for its duty.
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What
is the investment fund in Takaful IKHLAS ? |
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This is the fund to invest the participant’s
contribution through Islamic counters,
Government Islamic Certificate, Islamic
Bonds, Fixed deposits in Islamic Financial
institution.
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What
is the main difference between Personal
Investment Account (PIA), Personal Risk
Investment Account (PRIA) and General
Risk Investment Account (GRIA)? |
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PIA is a Fund for Family Takaful’s
products which consist of protection
and investment features but PRIA and
GRIA Fund just for General Takaful’s
product which consist of protection
feature only.
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Please
describe the Ta'awuni Account Pool. |
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The Ta’awuni pool comprises
by three major funds:
a. Expenses Fund
Expenses Fund is a fund for payment
for Management expenses, retakaful
and technical reserves. Through al-wakalah
concept which applied in Ta’awuni
pool, Takaful IKHLAS will charge a
management fee from this pool.
b. Risk Fund
Risk Fund is a fund for payment of
claims.
c. Special Fund
Special Fund is a special pool to
help the company not to be dependent
on depends to the retakaful.
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What
is the procedure of Family Takaful claims? |
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Faced with a tragedy
in life? Are you one of our participants?
If yes, we are here to help u. There
are various types of claims that we
handle and they are:
i Death Claims
ii Immediate Death Expenses
iii Total Permanent Disability (TPD)
iv Hospital Benefit (HB)
vi Waiver of Contribution (WC)
vii Critical Illness
viii Family Income Benefit
How to submit a Family Takaful Claim:
1. A claim must be notified to the
Family Takaful Claims Department in
writing immediately after the event.
Please contact 03-78011323 /1327 to
obtain a claim form.
2. Claimant’s statement must
be completed and signed by the rightful
claimant (s) to whom the benefit is
payable in the following manner:-
a) Wasi
The statement must be completed and furnished by the named person in the wasi
form.
b) Proposed Hibah
The statement must be completed and
furnished by person(s) whom the
benefit is to be payable.
For minor cases, the statement must be completed by his parents or legal guardian.
c) Assignee
The statement must be
completed and furnished by Assignee(s).
3. Obtain and forward all the necessary
documents to support the claim to
the Family Takaful Claims Dept.
4. All photocopies of documents to
support the claim must be certified
as true copy by a Commissioner of
Oath or any or any of Family Takaful
Claims personnel.
5. All documents required must be
furnished by the claimant at the claimant’s
expense.
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What are the documents
required for Family Takaful claims? |
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Claims Supporting Documents List:-
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Document Required
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Type
of Claim |
Death |
Total
Permanent Disability |
Immediate
Death
Expenses
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Waiver
of Contribution /Family
Income Benefit ** |
Hospital
Income Benefit |
Critical
Illness |
Claim
Form |
X |
X |
X |
X |
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Physician’s
Statement |
X |
X |
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X |
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X |
Death
Certificate (certified
copy) / Burial Permit |
X |
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X |
X |
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Original
Certificate Contract |
X |
X |
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X |
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Police
Report / Post Mortem Report
(accident case only)
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X |
X |
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X |
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Proof
of Age i.e. photocopy
of IC / Birth Certificate |
X |
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X |
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Proof
of Relationship between
claimant & participant
i.e. marriage certificate |
X |
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X |
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Hospitalization
Claim Form |
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X |
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Certificate
of Hospitalization, if
required |
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X |
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Discharge
Note |
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X |
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Critical
Illness Claim Form |
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X |
Certificate
of Medical Attendant (Critical
Illness) |
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X |
Supporting
Medical Reports e.g. Pathology
Report for Cancer |
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X |
Letter
of Administration |
X |
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Note :
1) ** denotes the claim for this benefit
should be made through Death/TPD claim’s
form.
2) For further enquiries on the Claims
Procedure, please do not hesitate
to contact Family Takaful Claims Department
at 03-78011312/1327
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How long is the process
for Family Takaful claims? |
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How is the
payment method for Family Takaful claims? |
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The payment will be made via cheque.
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• IKHLAS Motor provides our
participants with immediate issuance
of new or renewal of cover note.
• It is also electronically
linked to JPJ for road tax disc issuance.
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What is the
procedure of Motor claims? |
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You met with an accident and wants
to file a claim with us.
Step 1 - Make a police report immediately
after the accident
Step 2 - Notify our claims department
of the accident and get the claim
form to be completed. If the vehicle
can be driven, send it to the nearest
panel workshop, otherwise kindly call
our toll free number 1-800-88-1186 for towing services.
Step 3 - Make sure you submit the
supporting documents to enable us
to expedite your claim.
Step 4 - Authorization for repairs
would be issued to the workshop within
24 hours upon receipt of estimate
of repairs or adjustor’s report
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Can the participant
send his vehicle to any workshop of
his choice? |
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Yes, but the repairer must be our
panel workshop or he/she can go to
the Franchise repairer. If panel repairer
please refer to the list of our panel
workshop.
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How long
is the surrender process? |
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Upon receiving the completed documents,
it will take about 14 working days.
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When is the
effective date of surrender? |
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The date we receive the application
for surrender letter.
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I want to
change my payment type from AutoDebit
to BIRO. What are the documents that
I have to submit for AutoDebit/Credit
Card/FPX and BIRO application? |
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The requirements to change the method
of collection from Auto Debit to BPA
are as follows:
a. Request for Change form (optional)
b. Full set of BPA forms (mandatory)
i. BPA 1/79 forms
ii. Copy of I/C (payor who works at
government)
iii. Latest salary slip
iv. ‘Had kelayakan Caruman’
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I want to
change my Credit Card/AutoDebit number.
What should I do? |
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You need to submit:
a. Request for Change Form
b. Fill in the new Auto Debit/Credit
Card form
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My Credit
Card has expired. What should I do? |
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You need to update the latest expiry
date through written notice.
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How long
does the AutoDebit/Credit Card/FPX and
BIRO starts? |
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a. AD MBB/BSN – 2 weeks from
enrollment date
b. Credit Card-1 day from enrollment
date
c. BPA-2 months from submission date
to BPA
d. FPX-45 days from submission to
BIMB
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Can I change
my policy term? |
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Based on company guideline, the change
is not allowed. The reasons are once
changes happened, it will affect the
entire premium and PIA/PRIA or either
premium will be increased/decreased
and it will start from the certificate
entry age.
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How can my
policy be lapsed even when there are
continuous deductions done from my Credit
Card/Auto Debit/BIRO/SI every month?
Has the money been transferred from
my old policy to the new policy? |
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The possibilities may come from:
a. Deduction start late about 2-3
months after policy in-force.
b. Received payment but no reference
(policy) number or wrong reference
number for SI/Maybank2U/bank in at
bank counter such as Maybank, BSN
and etc. Therefore the payment was
not keyed in and policy will overdue
and will become lapsed.
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Can I have
more than one policy? |
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Status of
policy issuance: When is it issued and
when can it be delivered? |
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a. Standard cases/without error:10
days
b. With error: more than 10days
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How do I
renew my car insurance? Can I renew
it online? What is E-Ikhlas? |
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You may browse our website at www.takaful-ikhlas.com.my
and find the E-Ikhlas portal. There
is full information on the page before
you can proceed to issue the Cover
note by following the step by step
instructions.
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Is E-Ikhlas
applicable for motorcycles as well? |
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No, for the time being it is applicable
only for Motor-Private Cars under
comprehensive coverage only.
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What is the
benefit of E-Ikhlas? |
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1) You may renew your car insurance
from the convenience of your home/office,
without going to the counter.
2) You may also earn yourself Real Rewards points. For every RM1, you will enjoy
1 Real point (up to 800 Real points).
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How do I
know that my Real Rewards points are
updated in my account? |
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The points will be updated directly
into your account by Real Rewards
within a month.
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