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Nabeelah Kolia                                                                                                                                              The South African Insurance Industry Survey 2016 | 45

Manager,                          Takaful - same same
Financial Risk Manager
Tel: +27 79 512 9865              but different
Email: nabeelah.kolia@kpmg.co.za
                                  When you compare an orange and a clementine, at first glance they look similar. They’re
                                  both round, they’re both fruit and they’re both orange in colour. It’s only once you cut
                                  them open that you realise the differences between the two. In the same way, Takaful
                                  and conventional insurance at first glance may look similar, in that they both share the
                                  objective of protection against financial loss, but when taking a closer look, the differences
                                  become apparent.

                                  What is Takaful?                           Key elements prohibited by Islamic law                                                     However, when a loss does occur
                                  Takaful is a system of insurance based                                                                                                there is gharar present again
                                  on the Islamic principles of mutual           Gharar                                                                        Maysir    due to the uncertainty in the
                                  assistance (ta’awun) and donation          (uncertainy)                                                                   (gambling)  compensation amounts which vary.
                                  (tabarru). Takaful means joint guarantee,                                                                                             The element of maysir is present
                                  whereby a group of participants                                      Riba                                                             because the payment of the sum
                                  contribute towards a pool of money and                        (interest/usury)                                                        insured depends on pure chance.
                                  mutually agree to protect each other by                                                                                               The third element of riba comes in
                                  compensating those participants who        Gharar exists since there is uncertainty                                                   when funds are invested in interest-
                                  suffer from an insured peril.              of what the insurance policyholder is                                                      bearing securities. Takaful is an
                                                                             “buying” or paying for if no loss occurs                                                   alternative to conventional insurance
                                  Conventional insurance is not considered   and the policyholder receives nothing.                                                     which presents itself as a form of
                                  to be Shari’ah1 compliant because it                                                                                                  mutual help in furthering good by
                                  includes three key elements prohibited                                                                                                helping others who are in need or
                                  by Islamic law: uncertainty (gharar),                                                                                                 in hardship. The concept of tabarru
                                  gambling (maysir) and interest/usury                                                                                                  eliminates gharar and maysir - the
                                  (riba).                                                                                                                               donation ensures that the uncertainty
                                                                                                                                                                        concerning the contributions and
                                                                                                                                                                        compensation is eliminated.

                                  1 Shari’ah is the Islamic law which regulates many aspects of a Muslim's life, including the type of investments allowed
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