What is Takaful

The unwillingness of contemporary Islamic banks to undertake real business risks has left many to ponder on whether the objectives laid down by the industry's founders have been realized. The need for real risk taking by Islamic banks is critical to justify the profits they earn in the forms of margins, rents, or service charges. This chapter analyzes issues relating to ownership risk (ḍamān al-milkiyyah) in Islamic banking by examining three of its popular products, namely Murabahah (mark-up sale), Ijarah (leasing), and Musharakah Mutanaqisah (diminishing partnership). Following close scrutiny, the chapter concludes that principles of ownership risk as laid down in Fiqh Muamalat (law of transactions) are violated in each of the studied products. Unfortunately, the problem extends beyond these products to include a number of other Islamic financial products. The author calls for closer attention to this important Shari'ah concept of ownership risk in designing Islamic finance products and offers some policy recommendations to improve the current situation.