ADR mechanisms to resolve potential disputes on the payment of takaful benefits under conditional hibah

The application of conditional hibah to the rule of nomination for the payment of takaful benefits under the Islamic Financial Services Act (IFSA) 2013 draws certain legal issues. One of the issues relates to the entitlement of any of legal heirs of the deceased takaful participant to challenge t...

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Main Authors:	Salleh, Safinar, Halim, Akmal Hidayah, Ibrahim, Uzaimah, Abdullah, Mohamad Asmadi
Format:	Conference or Workshop Item
Language:	English
Published:	Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia 2017
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/57610/ http://irep.iium.edu.my/57610/ http://irep.iium.edu.my/57610/1/57610.pdf

id	iium-57610
recordtype	eprints
spelling	iium-576102018-02-19T05:48:35Z http://irep.iium.edu.my/57610/ ADR mechanisms to resolve potential disputes on the payment of takaful benefits under conditional hibah Salleh, Safinar Halim, Akmal Hidayah Ibrahim, Uzaimah Abdullah, Mohamad Asmadi K Law (General) The application of conditional hibah to the rule of nomination for the payment of takaful benefits under the Islamic Financial Services Act (IFSA) 2013 draws certain legal issues. One of the issues relates to the entitlement of any of legal heirs of the deceased takaful participant to challenge the payment of takaful benefits to the nominee(s) under conditional hibah. In addition, the existence of a statutory provision that indirectly prevents such a challenge further complicates the matter. Hence, this paper examines the extent of the legal heirs’ rights to annul such payment and to insist for the distribution of takaful benefits in accordance with the rule of fara’idh (inheritance). The analysis of this study will cover both Islamic law perspective as well as the provision of IFSA 2013. As takaful benefits are meant to provide for the general well-being of those left by the deceased policyholder, the paper predicates that the nomination should be able to be modified to cater the need of at least the policyholder’s dependants who might not be named as the intended beneficiary of the conditional hibah. In this context, the paper proposes that ADR mechanisms such as mediation and negotiation should be applied for the payment of takaful benefits so that the rights of the nominee(s) and the legal heirs are well protected and not adversely affected. Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia 2017 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/57610/1/57610.pdf Salleh, Safinar and Halim, Akmal Hidayah and Ibrahim, Uzaimah and Abdullah, Mohamad Asmadi (2017) ADR mechanisms to resolve potential disputes on the payment of takaful benefits under conditional hibah. In: International Conference on Dispute Resolution 2017 - Modern Trends in Effective Dispute Resolution, 9th-10th August 2017, Kuala Lumpur. https://icdr2017.org/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Salleh, Safinar Halim, Akmal Hidayah Ibrahim, Uzaimah Abdullah, Mohamad Asmadi ADR mechanisms to resolve potential disputes on the payment of takaful benefits under conditional hibah
description	The application of conditional hibah to the rule of nomination for the payment of takaful benefits under the Islamic Financial Services Act (IFSA) 2013 draws certain legal issues. One of the issues relates to the entitlement of any of legal heirs of the deceased takaful participant to challenge the payment of takaful benefits to the nominee(s) under conditional hibah. In addition, the existence of a statutory provision that indirectly prevents such a challenge further complicates the matter. Hence, this paper examines the extent of the legal heirs’ rights to annul such payment and to insist for the distribution of takaful benefits in accordance with the rule of fara’idh (inheritance). The analysis of this study will cover both Islamic law perspective as well as the provision of IFSA 2013. As takaful benefits are meant to provide for the general well-being of those left by the deceased policyholder, the paper predicates that the nomination should be able to be modified to cater the need of at least the policyholder’s dependants who might not be named as the intended beneficiary of the conditional hibah. In this context, the paper proposes that ADR mechanisms such as mediation and negotiation should be applied for the payment of takaful benefits so that the rights of the nominee(s) and the legal heirs are well protected and not adversely affected.
format	Conference or Workshop Item
author	Salleh, Safinar Halim, Akmal Hidayah Ibrahim, Uzaimah Abdullah, Mohamad Asmadi
author_facet	Salleh, Safinar Halim, Akmal Hidayah Ibrahim, Uzaimah Abdullah, Mohamad Asmadi
author_sort	Salleh, Safinar
title	ADR mechanisms to resolve potential disputes on the payment of takaful benefits under conditional hibah
title_short	ADR mechanisms to resolve potential disputes on the payment of takaful benefits under conditional hibah
title_full	ADR mechanisms to resolve potential disputes on the payment of takaful benefits under conditional hibah
title_fullStr	ADR mechanisms to resolve potential disputes on the payment of takaful benefits under conditional hibah
title_full_unstemmed	ADR mechanisms to resolve potential disputes on the payment of takaful benefits under conditional hibah
title_sort	adr mechanisms to resolve potential disputes on the payment of takaful benefits under conditional hibah
publisher	Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia
publishDate	2017
url	http://irep.iium.edu.my/57610/ http://irep.iium.edu.my/57610/ http://irep.iium.edu.my/57610/1/57610.pdf
first_indexed	2023-09-18T21:21:27Z
last_indexed	2023-09-18T21:21:27Z
_version_	1777411909052530688

ADR mechanisms to resolve potential disputes on the payment of takaful benefits under conditional hibah

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