文档介绍：Takaful (Islamic Insurance) Benefit:
Ownership and Distribution Issues in Malaysia
Dr. Azman Bin Mohd Noor1
Dr. Mohamad Asmadi bin Abdullah2
Abstract
This paper aims at investigating the ownership of the Takaful benefit and the issues of hibah
in nomination. The focus is made solely on the Family takāful because this type of policy is
singularly related to death. In this regard, the question is raised as whether the money paid
by the takāful operator on the death of the participant (death benefit) before the policy
matures constitutes the participant’s estate or not, and secondly over the validity of making a
conditional hibah of that takaful policy to a nominee as a sole beneficiary.
Takaful Benefit as a Mal (Property)
The Arabic word māl, or property, originates from the root word mawala that literally
means to Ibn Manzūr defines māl as things commonly known and that can
be Ibn al-Athīr defines it as everything that one These definitions take
into account the customary practice of the Arabs. Originally the Arabs used the term
māl to refer only to gold and silver, but subsequently its application was extended to
include things owned physically, including Al-Zuhaylī defines mal literally
as being anything a man owns that is in his actual possession and this includes
corporeal and usufruct. Gold, silver, animal, plant, money and benefits or usufructs
such as the riding of vehicles, the wearing of clothes and the residing in houses are
regarded as māl. On the other hand, birds in the sky, fish in the water, and mines deep
in the earth and plants in the jungle are not literally māl on the basis that they are not
in the actual possession of a
1 Assistant Professor of Islamic Banking and Finance at De