تحديد المستفيد من منفعة التكافل في شركات التكافل في ماليزيا : دراسة فقهية تحليلية /
This study seeks to discover solutions for the problem concerning the distribution of life takaful benefit among deserving beneficiaries. By adopting the descriptive and analytical methods, the essential nature of takaful and the experience of Malaysian takaful companies in dealing with death takafu...
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| Format: | Thesis |
| Language: | Arabic |
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| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/9982 |
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| Summary: | This study seeks to discover solutions for the problem concerning the distribution of life takaful benefit among deserving beneficiaries. By adopting the descriptive and analytical methods, the essential nature of takaful and the experience of Malaysian takaful companies in dealing with death takaful benefit are discussed. It also focuses on the issue of conditional hibah on death which has been resolved by the Shariah Advisory Council of Bank Negara Malaysia, a supreme regulatory body which governs the takaful industry in Malaysia. Due to disagreement in pinpointing an exact definition of takaful benefit and consequently how it is distributed, this study chooses to embark upon the issue of ownership of takaful benefit; it arrives at the conclusion that it is the insurer's property as it is his right to proceed with claim. Based on this fact, it emphasizes on the resolution of Shariah Advisory Council of Bank Negara in order to bring to light the true nature of conditional hibah as it has been resolved. The study concludes that a hibah which is made conditional upon death turns into wasiyyah and shall take all its ruling, for a person is only allowed to spend one third of his property on succession; as for the remaining two thirds, the right pertaining to its governance falls absolutely in Allah's hand. Therefore, it is necessary to differentiate between rulings for the money withdrew from the participant's saving account and the money generated from the commitment of the takaful fund, as a representative of other fellow participants, toward the deceased in which it is his right to proceed with claim. Hence, the first portion of money cannot be treated as a conditional hibah on death because it turns into wasiyyah. However, the other portion; making a conditional hibah of this benefit on the death of the insured participant is perhaps allowed because the deceased had not assigned a new owner for his property, rather he assigned an owner to own others' property which he has the right to claim. It is as if he stipulated upon the takaful fund to pay the benefit to the proposed beneficiary. |
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| Item Description: | Abstracts in English and Arabic. "بحث متطلب لنيل درجة الماجستير في معارف الوحي والتراث (الفقه وأصول الفقه)"--On title page. |
| Physical Description: | [xxix], 146 leaves ; 30 cm. |
| Bibliography: | Includes bibliographical references (leaves 121-136). |