حق المستأمن في منفعة التكافل: مراجعة التخريجات الفقهية لمنفعة التكافل ونسبة ملكيتها للمستأمن Insurer’s Right to Takaful Benefit: Review on al-Takhrījāt al-Fiqhiyyah for Takaful Benefit and the Attribution of Its Ownership to the Insurer.

Abstract

This study seeks to discover the shariah status of takaful benefit payable upon the demise of the policy holder. The question asked: Is by merely entering into a takaful contract entitles the policy holder to the death benefit, or it is yet to be part of his/her estate unless the insured peril materialized; a decision which will steer how takaful benefit should be distributed among the deserved beneficiaries. Building on qualitative method by adopting descriptive, inductive, and, analytical approach, this study brings an overview of the concept and application of takaful in Malaysia, before discussing some juristic interpretation of takaful benefit. It concludes that the takaful benefit as it is known in Malaysian takaful industry; which is the part of money taken from tabarru’ fund is considered as the policy holder’s estate from the beginning. This is based on the ground that the contract of al iltizam bi al tabarru’ generates a debt upon the takaful fund on the policy holder in the form of takaful benefit. A debt is owned by the creditor, so as takaful benefit.