This Participation Membership Agreement (hereinafter referred to as the " Shari’a Preamble” has been concluded by and between:

  • Abu Dhabi National Takaful Company PSC. Takaful, P.O. Box 35335, Abu Dhabi, United Arab Emirates (hereinafter referred to as the “Company”)
    and
  • The above Participant/ Policy holder (Hereinafter referred to as the “Participant”)
  • Whereas the Company carries Takaful Insurance activities, according to the principles and rulings of Islamic Shari’a), that is based on a cooperation-based arrangement among the Participants to compensate for any damage suffered by one of them, due to the occurrence of perils that are covered under the Takaful policy held by the Participant. Such a compensation will be within the insurance amount agreed between the participant and the Company and will be donated by the participants in the form of the amounts of participation, that are paid by the Participants as lump sum, or in instalments, as well as the investment returns of such contributions.
  • Whereas the Participant has agreed to deal with the Company pursuant to this form of Takaful Insurance and participate with the other Participants in the Takaful Insurance Account on cooperation basis through donating out of his Takaful contribution and its investment returns by an amount sufficient to cover the compensations or benefits, extended by the Company, on behalf of the Participants, from the Takaful Insurance Account to any of them who suffers damages resulting from any of the perils covered under this Takaful policy .
  • Whereas the Participant has agreed to appoint the Company as his agent for a known fee (i.e., management agency fee) to manage the Takaful insurance operations carried out by the Company in favour of the Participants. Furthermore, the Participant has agreed that the available funds in the Takaful Insurance Account be invested by the Company in its capacity as Mudarib, and the Participants in their capacity as Rab al-Mal for a common share in the profits of Shari’a compliant investments based on unrestricted Mudaraba wherein the Mudarib is allowed to commingle the capital of Mudaraba with the Company’s equity. The Company shall, in all its activities and investments, abide by Shari’a rulings and principles, and the resolutions and the resolutions of the Shari’a Supervisory Committee
  • Whereas the Participant has agreed that the amount of management agency fee, which was deducted from the Takaful contribution paid by the Participant, and the common share of the Company (in its capacity as Mudarib) in the investment profits have been determined, as clearly disclosed in publicized statement available at the head office of the Company and its branches (to be approved by the Shari’a Supervisory Committee, before the start of each financial year and to be applied to all the Takaful polices concluded during such year).
  • Notwithstanding that the compensations or benefits given to the Participant, or the beneficiary, as identified by the Participant, or to the affected third party, are paid by the Company from the Takaful Insurance Account, pursuant to the Takaful insurance policy, for the avoidance of doubt all liabilities pertaining to such payments are exclusively of the Takaful Insurance Account even if the payment is attributed to the Company in any form or manner.
  • The Participant has agreed to delegate the Shari’a Supervisory Committee to adopt a mechanism that regulates the distribution of the Surplus in the Takaful Insurance Account realized in any financial year, (after the deduction of all the necessary provisions, expenses, and reserves), the mechanism being ratified by the Company’s Board of Directors. Similarly the Participant has also consented to thesettlement of any (Qard Hasan) that may have been given by the Company to cover deficits in the Takaful Insurance Account, from Surpluses in the latter account in subsequent financial years.
  • Whereas the Participant has agreed to delegate the Company in all matters related to the operations of primary Takaful Insurance, the Participant has also agreed that the Company may enter into Retakaful/Reinsurance agreements with other relevant parties (Companies).
  • Further, the Participant has agreed that upon the liquidation of the Company, all of the allocations related to the Takaful Insurance Account and the accumulated surpluses will be disbursed for the charitable causes post settling all rights and obligations due on the Takaful Insurance Account.

Now, therefore the intent of the Company and the Participant has converged with the offer and acceptance exchanged in this Shari’a Preamble that constitutes an integral part of the Takaful insurance policy/ policies, which are contracted for (or any previous or subsequent agreement and understanding between them) and complementary thereto and to enter this Takaful insurance policy/ policies under the terms and exclusions therein. With an interpretation of the concepts, terms and others contained therein, according to what was stated in this Shari’a Preamble.

General Definitions and Interpretations

The Company: Means the Takaful Insurance Company undertaking the operations of Takaful Insurance (Takaful Insurance Account), in its capacity as the agent for the Participants, for a determined fee. It may invest the Takaful Contributions amount (Balance of the Takaful Insurance Account) in its capacity of Mudarib against a known percentage of the returns on this investment.
The Participant: Refers to the person who donates from the Contribution amount that is paid to the Takaful Insurance Account after deducting the agency fees and from his share of the returns of the investment, that is sufficient to pay the Compensations or Benefits in return for the losses sustained by him or by other Participants who are exposed to common perils. In case the expression Insured, Insured for or Policy holder appears, then it shall mean the Participant, or the party contracted with the company, and vice-versa.
Takaful Contribution: Is for covering the losses suffered by or benefits received by the Participants upon the occurrence of common and defined perils. It comprises the total of the Participants investment profit and his donation amount to the Takaful Insurance account. Any reference to the Insurance Premium, Insurance Contribution or Cash Contribution, shall mean the Takaful Contribution, and vice-versa.
Takaful Insurance Account: it means an account that has been established by the Company for the purpose of depositing the Takaful Contributions, after deducting the Agency fees. Additionally the investment proceeds and associated reserves are also deposited in this account. It has its own juristic personality independent from the Company and its liabilities. The purpose of this account will be to indemnify the Participants, Beneficiaries, and those who have suffered losses from third parties pursuant to the terms and conditions of the Takaful Insurance policy (deed). The Company shall manage the Takaful Insurance Account on behalf of the Participants and shall represent them in all aspects and related matters.
Sum Insured: If related to property insurance and civil liability (third party), it means the maximum amount of compensations or benefits, that the Participant is entitled to or paid on his behalf, from the Takaful Insurance Account, for the losses incurred in the event of the occurrence of perils stipulated under this Takaful policy. If related to personal insurance, it refers to the amount the participant is entitled to, in the event of the occurrence of any risks stipulated under this Takaful policy, subject to the terms and conditions stipulated therein. All such amounts are paid from the Takaful Insurance Account.
The Surplus: It is the remaining amount in the Takaful Insurance Account after deduction of all the expenses and commissions related to carrying out Takaful insurance operations and settling the due compensations and benefits. Such an amount shall be distributed among the Participants, in accordance with Shari’a standards, the instructions of the supervisory authorities, and the recommendations of the actuary, in a manner approved by the Shari’a Supervisory Committee of the Company and approved by its Board of Directors.
Perils: Means the incident or event which is a condition for entitlement of Compensations or benefits, out of the Takaful Insurance Account, as a result of the damage caused due to this particular peril. In property insurance, this entitlement shall be limited to the insurance amount, whereas, in the life insurance, it shall be the entitlement of the insurance (policy).
Mudaraba: It is a contract between two parties whereby one of them provides a certain amount of capital (Rab al-mal) and the other party (as Mudraib) provides expertise and labour to invest the specified amount of capital, so that the profit will be shared between them as mutually agreed between the parties. Any loss, that is beyond control of the Mudarib (i.e., not because of his misconduct, negligence or breach of any agreement terms), is borne by the owner of capital (Rab al-mal) alone, while the Mudarib loses nothing except his expertise and labour. Accordingly, this Mudaraba contract will govern the relationship between the Participant and the Company with respect to investing the balance of the Takaful Insurance Account, whereby the Participant will be the capital provider, and the Company will be the Mudarib.
The Agency: It is a contract made between two parties whereby one of them (i.e., the principal) appoints the other (i.e., the agent) to carry out certain services on behalf of the principal, either for free or for a specified fee. Accordingly, the Company will be the Agent of the Participant – the Principal – for a Fee with respect to the management of Takaful insurance operations