Takaful in Switzerland: an open framework but a market in its infancy

Takaful in Switzerland: an open framework but a market in its infancy

Islamic insurance in Switzerland: FINMA licence, company or cooperative form, retakaful, Zurich and Swiss Re abroad, and options for policyholders.

Switzerland has no takaful law of its own: an Islamic operator would fall under general insurance law and need a FINMA licence, yet no retail takaful insurer has been identified there, even though Swiss groups run such businesses abroad.

FINMA, the single supervisor of insurers

The Swiss Financial Market Supervisory Authority, or FINMA, takes its name from Article 4 of the FINMASA. It supervises insurers under the Insurance Supervision Act of 17 December 2004, which would also apply to any takaful operator.

No rules specific to Islamic insurance

According to the MLL Legal guide updated in August 2021, takaful and retakaful fall under general insurance law in Switzerland. No particular provision deals with the donation fund, wakala or the sharia committee that such operators rely on.

Company or cooperative: the required legal form

A takaful operator established in Switzerland would need a FINMA licence and would have to take the form of a company limited by shares or a cooperative. A member-owned cooperative offers a structure close to pooling among participants.

Foreign insurers: a branch and a deposit with the SNB

A foreign operator covering risks located in Switzerland must open a branch there, obtain a FINMA licence, set up an organisation fund and lodge a deposit with the Swiss National Bank. A Gulf takaful company therefore cannot solicit customers freely.

Retakaful, an activity needing no licence

Pure reinsurance, and therefore retakaful, does not require a FINMA licence according to the MLL Legal guide. This flexibility appeals to Islamic reinsurers; the mechanism is presented on our page on Islamic reinsurance or retakaful.

Zurich Takaful, born in Abu Dhabi in 2008

In 2008, the Zurich group created Zurich Takaful, 51% owned, with Abu Dhabi National Takaful. A major Swiss insurer thus developed its takaful business in the Middle East, see takaful in the Emirates, rather than at home.

Zurich's foothold in Malaysia

In 2016, Zurich acquired MAA Takaful in Malaysia, one of the most structured takaful markets in the world. The deal shows Swiss groups' interest in Islamic insurance where a dedicated framework exists, such as Malaysia's Islamic Financial Services Act of 2013.

Swiss Re and its Kuala Lumpur licence

In 2009, Swiss Re obtained a composite retakaful licence from Bank Negara Malaysia and opened a unit in Kuala Lumpur. The Zurich-based reinsurer thus shares the risks of Asian takaful operators, with no equivalent offer for individuals in Switzerland.

Salam, a policy sold in France rather than Switzerland

The earlier version of our page cited a Swiss Life Islamic savings policy. It actually concerned France, where Swiss Life launched in 2012 what is presented as Europe's first family takaful; see the French market.

A market described as nascent

The MLL Legal guide describes the Swiss takaful market as being at an early stage, and no retail operator has been identified there. No verified data quantifies the Muslim population concerned or the potential size of such a market.

Practical choices for a Muslim policyholder in Switzerland

With no local offer, policyholders can favour an insurance cooperative, examine the investment policy and surplus participation of contracts, then seek a scholar's opinion. Basic health insurance and motor liability cover remain compulsory in any case.

Expatriates and cross-border workers: looking beyond borders

A Swiss resident cannot insure risks located in Switzerland with a foreign insurer lacking an authorised branch. For property or a stay in a country with a takaful framework, however, taking out cover locally remains possible.

Finding compatible insurance in Switzerland

  1. Check in the FINMA registers that the insurer or intermediary you contact actually holds an authorisation.
  2. Take out compulsory cover without delay, such as basic health insurance and motor liability.
  3. Ask insurance cooperatives about their investment policy and how surpluses are redistributed to members.
  4. Ask whether a product labelled Islamic has a named sharia committee and a written opinion.
  5. For a risk located abroad, compare the takaful operators licensed in the country concerned.
  6. Have the chosen policy reviewed by a recognised scholar or sharia committee before committing.

Cost of cover: Swiss policy versus takaful model

ComponentStandard Swiss policyTakaful logic
Premium or contributionKept by the insurerDonation to the participants' fund
Management costsIncluded in the premiumSeparate wakala fee
Underwriting surplusKept or shared depending on company or cooperative formReturned to participants under the policy clause
InvestmentsFree within FINMA supervisionLimited to sharia-compliant assets
ReinsuranceConventional reinsurerRetakaful, an activity exempt from FINMA licensing

Documents usually requested in Switzerland

What to avoid in Switzerland

Takaful in Switzerland: your queries

Could a takaful operator set up in Switzerland?

Yes, nothing prevents it: it would need a FINMA licence and the form of a company limited by shares or a cooperative. A foreign operator would have to open a branch, set up an organisation fund and lodge a deposit with the Swiss National Bank.

Why do the big Swiss insurers run takaful elsewhere?

Because demand and dedicated frameworks are found in the Middle East and Asia. Zurich teamed up with Abu Dhabi National Takaful in 2008 and then bought MAA Takaful in 2016, while Swiss Re obtained a Malaysian retakaful licence in 2009.

Is an insurance cooperative an acceptable alternative?

It shares with takaful the idea of a community of policyholders without outside shareholders, but it has neither a donation fund nor a sharia committee. Its religious acceptability depends on its investments and contracts, which should be put to a scholar.

Is retakaful really exempt from licensing in Switzerland?

According to the MLL Legal guide updated in 2021, pure reinsurance requires no FINMA licence, which also applies to retakaful. This exemption does not extend to direct insurance of individuals, which remains subject to authorisation.

Takaful operators and organisations

Qatar Islamic InsuranceQatari Islamic insurer offering family and general takaful products to individuals and companies.SALAMA – Islamic Arab InsuranceUAE-based Islamic insurance group present in several countries with takaful health and protection products.Prudential BSN TakafulMalaysian takaful operator, a joint venture of Prudential and Bank Simpanan Nasional, offering family and general takaful cover.

Indicative list: assuranceislamique.com has no commercial link with these organisations. Always check the licence with the local regulator.

Verified sources and bodies

FINMASA: Financial Market Supervision ActText of the law establishing FINMA and entrusting it with supervising insurers active in Switzerland.MLL Legal: Islamic finance in Switzerland2021 legal guide on takaful and retakaful under Swiss law, the FINMA licence and the obligations of foreign insurers.Swissinfo: Zurich Takaful in Abu Dhabi2008 article on the takaful joint venture created by Zurich with Abu Dhabi National Takaful, 51 percent owned.FAnews: Swiss Re's retakaful licence2009 announcement of the composite retakaful licence Swiss Re obtained from Bank Negara Malaysia in Kuala Lumpur.

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