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  • Shariah Supervision Committee

    • Article (10) Formation of the Commitee

      1. The company undertakes to form a committee to be called "the Shariah Supervision Commitee". The committee shall consist of three members nominated and appointed as follows:
         
        1. The committee members shall be nominated by the company’s board of directors.
           
        2. The candidates' names and qualifications shall be presented to the Insurance Authority forty five days prior to the meeting of the company's general assembly which will consider the nominations.
          After soliciting the opinion of the Supreme Fatwa and Shariah Supervision Committee at the Authority, the company shall be notified of the Authority’s approval or objection. In case of objection, the company shall nominate a substitute to the disapproved candidate.
           
        3. The candidates' names shall be presented to the company's general assembly to approve their appointment as committee members and to inform the Authority of the names of those appointed as committee members within ten days after the general assembly meeting.
           
        4. The Committee membership term shall be three renewable years.
           
        5. The committee members shall elect a chairman and vice-chairman from amongst them. The chairman shall represent the committee before the company’s board of directors, its general assembly, the Insurance Authority, and the Supreme Fatwa and Shariah Supervision Committee.

         
      2. In case a committee membership seat becomes vacant, the company's board of directors shall appoint a member fill in the vacant membership to complete the term provided for in item (D), clause (1) herein; and shall inform the Authority accordingly. Such appointment shall be presented to the general assembly in its first subsequent meeting for approval.
    • Article (11) Conditions for the Committee Membership

      A candidate to be a member in the Shariah Supervision Committee shall meet the following requirements:

      1. Should be a Muslim, enjoying the full legal capacity.
         
      2. Should be recognized for his scholarship and knowledge of the Islamic Shariah provisions in general, and of the jurisprudence of Islamic financial transactions, in particular.
         
      3. To be conversant with the modern financial and commercial transactions.
         
      4. Not a shareholder, a member of the board of directors, or employee of the company.
         
      5. A member may not combine membership in two Shariah supervision committee of companies.
    • Article (12) Undertakings of the Committee

      The committee undertakes the following:

      1. Setting the basic Shariah rules for the company’s operations.
         
      2. Review all the company's transactions, the Takaful insurance products, contracts, and documents which the company deals with in order to ensure compatibility with the Islamic Shariah provisions; and approve same before placing same into practical use.
         
      3. Review the Takaful insurance transactions and the investments conducted by the company, and show to what extent they are consistent with the Islamic Shariah provisions.
         
      4. Approve or reject any activity carried out by the company if such activity is inconsistent with the Islamic Shariah provisions.
    • Article (13) Authorities of the Committee

      All Committee resolutions shall be binding to the company. The Committee shall have the right to access, at any time, all company's records, contracts, and documents; may require clarifications as it deems necessary to perform its tasks and the company's management should provide such clarifications. In case the Committee was not enabled to perform its functions, it must state such case in a report to the board of directors of the company. If the board of directors fails to meet the Committee’s request, it must notify the Insurance Authority accordingly, in which case the Authority shall refer the issue to the Supreme Fatwa and Shariah Supervision Committee whose decision shall be binding over the company.

    • Article (14) Annual Report of the Committee

      The Shariah Supervision Committee shall provide an annual report to the company's general assembly summarizing the Committee's activities along with its observations on the company's transactions and how far the company is in compliance with the Shariah provisions.

      The Committee’s report should be read in the general assembly’s annual ordinary meeting; and a copy thereof shall be provided to the Insurance Authority along with the documents to be submitted to the Authority before the convening of the company's general assembly.

    • Article (15) The Committee's By-laws

      The company shall set, by a resolution of its board of directors, the by-laws for the Shariah Supervision Committee work. The by-laws shall state how the Committee will hold its meetings, what is the quorum, and how it takes decisions. However, the by-laws must provide that deputizing other Committee members to attend its meetings or to vote on the decisions is not permissible. The by-laws must specify the relation of the Committee with the company's various functions and with the Shariah Controller. A copy of the by-laws must be sent to the Authority for approval.

    • Article (16) The Shariah Controller

      Under a recommendation from the Shariah Supervision Committee, the company's board of directors shall appoint a staff member specialized in Takaful insurance to act as the Shariah Controller on the transactions inside the company.

      The Shariah Controller shall review the company's transactions under the direct supervision of the Shariah Supervision Committee to ensure that the Committee opinions and decisions have accurately been implemented. The Shariah Controller shall perform his duties in coordination with the Committee. In addition, he shall assume the duties of the Committee secretary and report to it.

    • Article (17) Supreme Fatwa and Shariah Supervision Committee

      1. A supreme commitee called (the Supreme Fatwa and Shariah Supervision Committee) shall be formed within the Insurance Authority of at least three members and no more than five members, to be referred to for the purpose of these Regulations as (the Supreme Committee).
         
      2. Members of the Supreme Committee shall be appointed by a resolution of the Authority’s board of directors. The members shall elect one of them as the chairman and another as vice-chairman.
         
      3. To be appointed as a member in this Board, the candidate shall meet the same requirements provided for in article (11) herein, in addition to having experience in Shariah business in Takaful insurance or Islamic finance for a period of no less than three years.
         
      4. The membership term shall be three renewable years.
         
      5. A member in this committee may not be a member in any other Shariah Committee in Takaful insurance companies.
    • Article (18) Supreme Committee Undertakings

      The Committee shall have the following powers:

      1. Issue legal opinions (Fatwa) in the field of Takaful insurance and investment in terms of compatibility of transactions related thereto with the Islamic Shariah provisions. Such Fatwas shall be binding over the companies and their Shariah Supervision Committees.
         
      2. General oversight and inclusive Shariah control over the works of the Shariah Supervision Committees in the companies.
         
      3. Coordinate the Shariah opinions issued by the Shariah Supervision Committees.
         
      4. Settle disputes that may arise between the Shariah Supervision Committees and the companies' boards of directors.
         
      5. Adopt the Shariah criteria, which the Shariah Control Committees must comply with in performing their duties.
         
      6. Determine the Shariah areas of insurance, where Takaful insurance companies may practice their businesses.
         
      7. Review the articles of association of Takaful insurance companies to ensure that they are acceptable in terms of Shariah.
         
      8. Collect the Fatwas and jurisprudence opinions with respect to Takaful insurance and investment businesses that are compatible with the Islamic Shariah provisions, classify, explain, and distribute the same to the Takaful insurance companies to serve as a reliable Shariah reference.
    • Article (19) Joint Meetings

      The Supreme Committee may invite any Shariah Supervision Committee for a bilateral or collective meeting for deliberations on issues falling under the responsibilities of such Committees.

    • Article (20) Supreme Board By-Law

      The Insurance Authority shall set the by-laws for the Supreme Committee undertakings and forward same to the board of directors for approval.

    • Article (21) Accounting Books and Records, and Final Accounts

      The Board shall issue special instructions for Takaful insurance financial and accounting operations as follows:

      1. The accounting policy to be followed by companies, the forms required to prepare the financial reports and statements including the forms for preparing the balance sheet and final accounts.
         
      2. The bases for organizing accounting books and the data to be contained therein.
         
      3. The records which companies are obligated to organize and maintain.
         
      4. Statement and documents which companies should provide to the Insurance Authority.
    • Article (22) Participants' Accounts

      An existing company currently practicing all classes of Takaful insurance shall undertake to adopt complete separation between the personal Takaful insurance business on the one hand, and the property and liability Takaful insurance business on the other hand, in terms of technical, financial, and administrative aspects. In particular, there should be two accounts (or more) for the participants completely separated per the type of insurance practiced by the company.

      The funds available in each account shall be allocated to meet the liabilities incurred by this account and the expenses for the account management.

    • Article (23) The Account for the Family Takaful Insurance

      The participations in the family Takaful insurance shall be divided into two accounts:

      1. Investment Account: to which the portion of participations allocated for investment in this type of Takaful insurance shall be transferred.
         
      2. Risk Coverage Account: to which the portion of participations allocated for risk coverage in this type of Takaful insurance shall be transferred.
    • Article (24) Accounts for Other Takaful Insurance Types and Classes

      1. One or more accounts called (Takaful Participant Account) shall be opened in the company per the non-family Takaful insurance types and classes. Accrued participations shall be recorded in such account(s), in addition to the investment revenues realized from investing the funds accumulated in the said account(s).
         
      2. Due compensations and benefits from the participants' Takaful account shall be paid in accordance with the terms and conditions of Takaful insurance policies.
         
      3. Inputs and outputs of such account(s) shall be determined in accordance with the company-established accounting rules which should be consistent with the insurance transactions accounting rules amended in accordance with Takaful insurance principles. A copy of such rules shall sent to the Insurance Authority after having same approved by the Shariah Supervision Committee.
         
      4. The assets of the participants' account should be completely separate from the company's assets, and should not include the deposit required in accordance with Article (42) of the Law.