العلاقة التعاقدية في عملية إعادة التكافل وتطبيقاتها في ماليزيا

Abstract

The study focuses on the contractual relationship of Retakaful operation from the viewpoints of shar?ah and Law, and the extent of commitment of the companies in applying these viewpoints. It started with explaining the concept of Retakaful, the differences and similarities between Retakaful and Reinsurance, and the views of the Islamic scholars and researchers and their analyses, it also discusses the ways and types of Retakaful and its development locally and globally. The study then highlights the contractual relationship of Retakaful operation, its types, jurisprudential consideration and the important aspects of Islamic Law pertinent to it. Then the study focuses on the practice of the companies providing Retakaful services in Malaysia. The researcher has used several methodologies namely: descriptive and inductive methods in sourcing for the opinion of Muslim scholars and their justifications, the analytical method for the theories and opinions, and also empirical method. The study concludes that the Retakaful industry in general, despite its expansion, is still in need of further support, development and studies in the aspect of Islamic jurisprudence, and technical side to be able to confront and compete with reinsurance industry. The researcher has also a number of suggestions and recommendations for development of Retakaful and solution to some of the problems facing by the industry.