Mutual help, donation and separate funds: the pillars of takaful insurance

Mutual help, donation and separate funds: the pillars of takaful insurance

The principles of takaful: ta'awun, tabarru', the bans on riba, gharar and maysir, wakala, mudaraba, surplus, qard and IFSB standards.

Takaful rests on a few stable principles: mutual help among participants, contributions conceived as a donation, no riba, excessive gharar or maysir, separation between the participants' funds and the operator's fund, and supervision by a sharia board.

Ta'awun, the foundation of the whole system

The word takaful evokes mutual guarantee. The IFSB defines it as a mechanism in which participants pool their exposures to uncertain future events to help one another, in line with sharia rules. Risk is shared within the group, not sold.

Tabarru', a contribution given away

Each participant agrees that part of their contribution is donated to the common fund to compensate members hit by a loss. This donation changes the legal relationship, as our page on tabarru' in takaful insurance explains.

Three prohibitions to respect

A takaful product must avoid riba, meaning interest or unjustified increase, gharar, meaning excessive uncertainty in an exchange, and maysir, gain tied to chance. These three requirements guide both the drafting of the contract and the management of investments.

Cover limited to actual loss

Takaful only protects against pure risk: an event that either causes a loss or causes none. A participant can never profit from a claim, since compensation is capped at the damage actually suffered and documented.

Strictly separate funds

IFSB-14 distinguishes the Participants' Risk Fund, which pools underwriting risk, from the Participants' Investment Fund of family savings products and from the operator's shareholders' fund. No fund should be used to hide another's deficit.

Wakala: the operator as agent

In the wakala model cited by the IFSB, the operator acts as the participants' agent. It handles underwriting, claims and investments for a fee set in advance. According to State Life, the surplus then goes entirely to participants, not to the operator.

Mudaraba: profit sharing

In the mudaraba model, participants provide the funds and the operator invests them in return for an agreed share of profits. The IFSB points out that participants remain owners of the funds, and the surplus may be shared with shareholders.

The hybrid wakala-waqf model

In Pakistan, operators apply a wakala-waqf model: the fund is set up as a waqf with legal personality, and the operator is merely its wakil. Participants deal directly with this fund, which holds contributions and settles claims.

Qard in case of deficit

If claims exhaust the risk fund, the operator must inject an interest-free loan, qard hasan, drawn from the shareholders' fund. This loan is repaid only from the surpluses of following years, never by increasing past contributions.

The 2009 IFSB governance principles

The IFSB-8 principles on the governance of takaful undertakings, IFSB-9 on conduct of business and IFSB-10 on sharia governance were adopted on 23 November 2009. They require an independent sharia board and clear information for participants.

Dedicated solvency and accounting

The IFSB set specific solvency requirements in the IFSB-11 standard and risk management rules in IFSB-14, translated into French in April 2021. On the accounting side, AAOIFI standards FAS 42 and FAS 43 govern the presentation of takaful accounts.

Risk sharing extends to retakaful

Operators in turn protect themselves through retakaful, described by the IFSB-18 standard of April 2016 and presented on our Islamic reinsurance page. The principles are the same: tabarru', mutual help, no riba, transparency and solvency.

Applying these principles to a real offer

  1. Find in the contract the explicit mention of the donation to the common fund and the name of the model used.
  2. Check that the published accounts separate the participants' risk fund from the shareholders' fund.
  3. Review the investment policy: no interest and exclusion of the sectors prohibited by the sharia board.
  4. Look for the rule on handling a deficit, which should provide for an interest-free qard from the operator.
  5. Ask for the sharia board's latest report and how the surplus was distributed the previous year.

Principles and cost components

PrincipleFinancial translationEffect on the participant
Tabarru'Share of the contribution donated to the risk fundFunds compensation for all members
WakalaManagement fee known in advancePays the operator without touching the underwriting result
MudarabaSharing of investment profitsVariable return depending on the agreed ratio
SurplusFund excess after claims and reservesRefund or lower future contributions
QardInterest-free loan from the operator to the fundAvoids a call for extra contributions in a deficit

Useful texts for understanding the principles

Common misreadings of takaful principles

Takaful principles: readers' common questions

What is the most important principle of takaful?

Ta'awun, mutual help, is at the heart of the system: it justifies treating the contribution as a donation to the common fund and sharing the risk. The other rules, such as the ban on riba or the separation of funds, flow from this cooperative logic.

Do all operators apply the same model?

No. The IFSB recognises wakala and mudaraba, and many markets use hybrid forms. Pakistan opted for wakala-waqf, while in Malaysia Bank Negara Malaysia regulates how the surplus is shared, with the operator unable to take more than half of it.

Who checks that the principles are respected?

The insurance regulator oversees licensing, solvency and customer protection. The sharia board checks the religious compliance of contracts and investments. In Pakistan, an annual sharia audit is added to the audit of the accounts.

Can takaful principles evolve?

The foundation remains stable, but the details change: Bank Negara Malaysia's draft operational framework of May 2018 banned cross-subsidies between funds and required participants' consent for any revision of the tabarru'.

Takaful operators and organisations

ICIEC (Groupe de la Banque islamique de développement)Insurance arm of the Islamic Development Bank Group, covering investments and export credits in line with Shariah.CIBAFI – Conseil général des banques et institutions financières islamiquesInternational body representing Islamic financial institutions, including takaful players, and publishing research and policy positions.AAOIFI – Normes chariaStandard-setting body publishing the Sharia, accounting and governance standards used by many takaful operators.Abu Dhabi National TakafulAbu Dhabi takaful company providing Sharia-compliant health, motor, home and business cover.

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

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