[PDF] Good Faith In Insurance And Takaful Contracts In Malaysia eBook

Author : Haemala Thanasegaran
Publisher : Springer
Page : 251 pages
File Size : 40,51 MB
Release : 2016-01-22
Category : Law
ISBN : 9811003831

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This book examines good faith in non-marine insurance and takaful (Islamic insurance) contracts in Malaysia, and proposes holistic law reform of the same. The first two-thirds of the book comprise an extensive comparative legal analysis of the issues between Malaysia, Australia and the United Kingdom, with the final third dedicated to a socio-economic analysis of law reform and suggestions for law reform particularly suited to Malaysia. The book evaluates whether the duty of utmost good faith (the cornerstone of insurance and takaful contracts) is effectively regulated and, in turn, observed by insurers (and takaful operators) and insureds alike in Malaysia. The adequacy of the Insurance Act 1996 (Malaysia), the Takaful Act 1984 (Malaysia), the Financial Services Act 2013 (Malaysia) and the Islamic Financial Services Act 2013 (Malaysia) is evaluated, along with the supporting infrastructure and oversight measures introduced by the Malaysian government. In doing so, The book examines the duty of utmost good faith from both a doctrinal and a social science perspective, in order to propose suitable legal reform.

Author : Haemala Thanasegaran
Publisher :
Page : 834 pages
File Size : 47,24 MB
Release : 2009
Category :
ISBN :

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This thesis evaluates whether the duty of utmost good faith (the cornerstone of insurance contracts) is effectively regulated and in tum, observed by insurers and insureds alike in Malaysia. This is researched by evaluating the adequacy of the Insurance Act 1996 (Malaysia) and the Takaful Act 1984 (Malaysia), along with the supporting infrastructure and measures introduced by the Malaysian government in providing for the adherence to the duty of utmost good faith throughout the various stages of the insurance contract. The duty of utmost good faith is of a continuing nature spanning from the pre-contractual stage right through to claims settlement. During this period, the duty is imposed on insurers, insureds and intermediaries such as agents and brokers with respect to the requirement of disclosure and representation of material facts; construction of policy terms; and claims settlement practices. The thesis evaluates this duty from both a doctrinal as well as social science perspective, in order to propose suitable legal reform. The former is undertaken by means of a comparative analysis of the Malaysian position with other common law jurisdictions, mainly the United Kingdom, Australia, New Zealand and Singapore, throughout the various stages of an insurance contract. The latter analyses the position in Malaysia, and proposes reform from a socio-economic perspective. Socio-cultural perspectives are considered because they underpin the effectiveness or otherwise of a legal system (and by analogy any law). Thus, the thesis examines Malaysian legal culture to ascertain whether it supports the existing insurance law and structure or it calls for reform. Economic perspectives are considered to weigh the cost and benefits of the current position and proposed reforms. The thesis finds that reforms are needed to improve Malaysian law and practice regulating utmost good faith in insurance contracts. The reforms need to cover substantive and procedural issues relating to non-disclosure, misrepresentation of material facts, the role and influence of intermediaries in respect of disclosure, claims handling and settlement practices, and enhancement in the role of mediation in settling insurance disputes. The thesis proposes reforms on these issues.

Author : Patrick Vrancken
Publisher : African Sun Media
Page : 241 pages
File Size : 48,22 MB
Release : 2021-02-16
Category : Law
ISBN : 1991201060

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This book is the culmination of research collaboration between the Nelson Mandela University and the University of Johannesburg, and, in particular, between the South African Research Chair in the Law of the Sea and Development in Africa (housed at Nelson Mandela University) and the Centre for Banking Law (housed at the University of Johannesburg). The topics considered have their roots respectively in international law, environmental law, public law and international trade law. The common denominator is the sea.

Author : Ooi Keat Gin
Publisher : Rowman & Littlefield
Page : 687 pages
File Size : 12,55 MB
Release : 2017-12-18
Category : History
ISBN : 1538108852

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Malaysia is one of the most intriguing countries in Asia in many respects. It consists of several distinct areas, not only geographically but ethnically as well; along with Malays and related groups, the country has a very large Indian and Chinese population. The spoken languages obviously vary at home, although Bahasa Malaysia is the official language and nearly everyone speaks English. There is also a mixture of religions, with Islam predominating among the Malays and others, Hinduism and Sikhism among the Indians, mainly Daoism and Confucianism among the Chinese, but also some Christians as well as older indigenous beliefs in certain places. This second edition of Historical Dictionary of Malaysia contains a chronology, an introduction, appendixes, and an extensive bibliography. The dictionary section has over 500 cross-referenced entries on important personalities, politics, economy, foreign relations, religion, and culture. This book is an excellent resource for students, researchers, and anyone wanting to know more about Malaysia.

Author : Mohd Ma'Sum Billah
Publisher : Edward Elgar Publishing
Page : 402 pages
File Size : 26,89 MB
Release :
Category : Business & Economics
ISBN : 178811583X

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p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} The model of Islamic insurance policy is based on the principles of mutual cooperation, brotherhood and solidarity. This timely volume contradicts the widely-held belief that insurance policies oppose the teachings of Islam, exploring ways in which it coheres with Shari’ah law. The book explores Takaful, an insurance paradigm that is in accordance with Islamic principles and suits the needs of modern Islamic economies and communities.

Author : Muhammad Sigit Andhi Rahman
Publisher : Hilmia Press/Primedia eLaunch LLC
Page : 251 pages
File Size : 44,98 MB
Release : 2020-04-02
Category : Political Science
ISBN : 1648714765

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Why have Islamic insurance systems developed well in some countries, but not in others? Malaysia is considered as Islamic insurance elite due to its relatively large number of operators it houses as well as the sustained growth of Islamic insurance sales within the country, while Indonesia and Pakistan are still in early stages of development. Analyzing the political and social history of Islamization of insurance systems in these three Muslim majority countries in Asia since 1980s, this book demonstrates the development gap between these countries on Islamic insurance results from; firstly, complex bargains made between various groups within each country polity, and those bargains are structured by the country's fundamental political institutions. Secondly, the gap is also an outcome of different societal transformations during the Islamization that 'produce Islam(s)' in these countries. The revival of Islamic principles in these countries does not only create Sharia-compliant financial products but produces Islamic norms, identities, ethics, and practices enacted in the way the communities manage their risk.

Author : Aly Khorshid
Publisher : Routledge
Page : 243 pages
File Size : 28,68 MB
Release : 2004-02-12
Category : Business & Economics
ISBN : 1134387350

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Some Muslims believe insurance is unnecessary, as society should help its victims. Muslims can no longer ignore the fact that they live, trade and communicate with open global systems, and they can no longer ignore the need for banking and insurance. Aly Khorshid demonstrates how initial clerical apprehensions were overcome to create pioneering Muslim-friendly banking systems, and applies the lessons learnt to a workable insurance framework by which Muslims can compete with non-Muslims in business and have cover in daily life. The book uses relevant Quranic and Sunnah extracts, and the arguments of pro- and anti-insurance jurists to arrive at its conclusion that Muslims can enjoy the peace of mind and equity of an Islamic insurance scheme.