Takaful Sebagai Alternatif Kepada Aqilah Dalam Menjelaskan Pampasan Kepada Pihak Ketiga: Perbincangan Isu-isu Fiqh Berbangkit

Abstract

Since 1973, the rights of traffic accident victims in Malaysia have been protected by the law through mandatory obligation to all vehicle owners to be insured against third party risk since 1973. Despite offering a good service of preparing a promising fund as compensation for the injury or fatality inflicted upon third parties in traffic accidents, third party insurance is still considered haram (impermissible) by Islamic scholars due to its non-compliant operation with several Islamic principles. As an alternative, Takaful which is in line with the Islamic principle of mutual assistance has been financially institutionalised in 1984 in Malaysia. In terms of