Takaful Diat: Alternative Compensation Mechanism for Road Accidents in Malaysia
Lukman AM1, Ahmad Syukran2, Wan Abdul Fattah3
1Lukman Abdul Mutalib, Faculty of Sharia and Law, Universiti Sains Islam Malaysia, Bandar Baru Nilai, Negeri Sembilan, Malaysia.
2Ahmad Syukran Baharuddin, Faculty of Sharia and Law, Universiti Sains Islam Malaysia, Bandar Baru Nilai, Negeri Sembilan, Malaysia.
3Wan Abdul Fattah Wan Ismail, Faculty of Sharia and Law, Universiti Sains Islam Malaysia, Bandar Baru Nilai, Negeri Sembilan, Malaysia.
Manuscript received on 11 October 2019 | Revised Manuscript received on 20 October 2019 | Manuscript Published on 02 November 2019 | PP: 558-566 | Volume-8 Issue-2S11 September 2019 | Retrieval Number: B10870982S1119/2019©BEIESP | DOI: 10.35940/ijrte.B1087.0982S1119
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© The Authors. Blue Eyes Intelligence Engineering and Sciences Publication (BEIESP). This is an open access article under the CC-BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/)
Abstract: This paper seeks to assess the suitability of “Takaful Diat” taking over the definition of „aqilah (the group of people who share the blood-money liability of any one among them), and subsequently, becoming the feasible alternative in dealing with the complicated issue of road accidents compensation in Malaysia. The paper opted for a qualitative study where the authors discussed the concept of Diat (blood-money) and Takaful (Islamic insurance) from the opinions of the Muslim scholars from the various schools of thoughts. Based on the current situation, it can be argued that takaful insurance companies are more than capable of being the „aqilah so much so that the paper is convinced that they are the ones who capable of shouldering the responsibility. As such, the government needs to study a mechanism that could make such a contribution compulsory for every individual. Through Takaful Diat, the victims‟ welfare will be safeguarded. Takaful Diat provides protection through a specially designed insurance scheme that pays a victim with a specific amount of compensation which is determined by Syarak.
Keywords: Takaful, Takaful Diat, Islamic Insurance, Road Accidents, Compensation, Tort, Diat, Aqilah.
Scope of the Article: Social Sciences