Bank Negara Malaysia Shari’ah Advisory Council update

The Shari’ah Advisory Council (SAC) of the Central Bank of Malaysia discussed the issue of application of Tabarru` contract (voluntary gift) in Takaful, transfer of ownership of Hibah asset, breach of condition in Wakalah bi al-istithmar contract (agency contract for investment) and Wa`d (promise) which is attached to action, time or situation. The SAC has decided the following: 1) The underlying concept for Takaful scheme is Tabarru` and Ta`awun among the Takaful participants. 2) Tabarru` in Takaful is applied through contributions from the participants to the Tabarru` fund which is managed by Takaful operator. 3) Financial obligation (Zimmah maliyah) of Tabarru` fund is independent from the financial obligation of Takaful operator and individual Takaful participant.