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Assignment Sample 6
Assignment Sample 6
Introduction......................................................................................................................................4
Meaning of contract.........................................................................................................................4
Definition of contract.......................................................................................................................4
Classification of contracts................................................................................................................5
Different between contract and agreement......................................................................................5
Elements of valid contracts..............................................................................................................6
What is an offer?..............................................................................................................................6
Different between offer and invitation to treat................................................................................7
Proposal/offer must be communicated.............................................................................................8
Revocation of an offer.....................................................................................................................8
Acceptance.......................................................................................................................................9
Revocation of an acceptance..........................................................................................................10
Exceptions of acceptance...............................................................................................................11
Consideration.................................................................................................................................11
Definition of consideration............................................................................................................11
Types of consideration...................................................................................................................12
Exceptions of general rule.............................................................................................................12
Intention to create legal contract....................................................................................................12
Capacity of the contract.................................................................................................................12
Free consent...................................................................................................................................13
Other elements of contract.............................................................................................................13
Termination of contract..................................................................................................................14
Conclusion.....................................................................................................................................14
Part two........................................................................................................................................15
Takaful, meaning, concept, history and definitions.......................................................................15
History of takaful...........................................................................................................................15
Meaning and defination of Takaful ...............................................................................................15
Beginning of takaful in Malysia....................................................................................................16
Well known takaful operators in Malysia......................................................................................17
How does takaful works.................................................................................................................18
Proposer or an offer: is a suggestion made by one party to another demonstrating his readiness
to inter into a valid contract.
In other words an offer is something that one offers to another person, so the person who is
making the offer is called offeror and the one to whom the offer is to be made is called offeree.
In order to create a valid contract, there must be a 'lawful offer' by one party and 'lawful
acceptance' of the same by the other party.
An offer made to a specified person, either verbally or in writing. This is straightforward.
An offer made to the “world at large". This is where a person announces that he will do so and
so, if anyone who cares to accept will do what is required by the offer.
However the question is To Whom can a Proposal be Made? The answer is very clear, A
proposal can be made to a specific or particular person and the proposal can be accepted by that
person only. For instance if Ali proposes to Bile to sell his flat
at RM10,000. Ali's proposal can only be accepted by Bile and not by other persons.
Offer can also be made to the community. In such situation, the acceptance can be made by
anyone who knows about the offer and performs the obligations necessary by the proposer. as in
the case of Carlill v. Carbolic Smoke Ball Co Ltd (1893), the parties of the case were a lady
called Carlill (the victim) and the Carbolic Smoke Ball Co Ltd (the defidents).
The defendants of this case were proprietors of a medical preparation, they inserted
advertisements in various newspapers in which they offered to pay £100 to any person who
contracted influenza after using the ball three times a day for two weeks.
Revocation of acceptance
According to Section 5(2), Malysian Contracts Act 1950, „an acceptance may be revoked at any
time before the communication of the acceptance is complete as against the acceptor, but not
afterwards.
As provided by Section 10(1) of the Malaysian Contracts Act 1950 that provides„all agreements
are contracts if they are made by the free consent of parties competent to contract.
According to Section 14 Egyptian contract act, Consent is said to be free when it is not caused by
1) Coercion
2) Undue influence
3) Fraud
4) Mis-representation or
5) Mistake
Other elements of valid contract
6. Lawful Object: The object of an agreement must be valid. Object has nothing to do with
consideration. It means the purpose or design of the contract. Thus, when one hires a house for
use as a gambling house, the object of the contract is to run a gambling house.
The Object is said to be unlawful if-
(a) it is forbidden by law
(b) it is of such nature that if permitted it would defeat the provision of any law;
(c) it is fraudulent;
(d) it involves an injury to the person or property of any other;
(e) the court regards it as immoral or opposed to public policy.
7. Certainty of Meaning: Agreement the meaning of which is not certain or capable of being
made certain are void."
In Islam, the basic standard of investment is that reward must be accompanied by risk. Takaful
industry cannot therefore invest in goods which are debt-based, have a guaranteed or minimum
return on the investment, or are based on haram practices (casinos and gambling companies)
(Anwar, 2008).
Primarily, Takaful insurance is perceived as a non-profit oriented activity. It based on
solidarity, responsibility and brotherhood among participants
Takaful Methods
The most accepted model of takaful contract is tabarru. Tabarru means a donation, charity or gift
which cannot be taken back. In Takaful, a percentage of the participant's contribution will be
considered as tabarru ( donation) and therefore cannot be taken back.
Donation takaful is based on cohesion, responsibility and brotherhood among participants. In this
model, each participant is willing to make donation to the takaful fund with sincere intention to
extend financial assistant to other participants faced with difficulties.
Mudaraba-Based Takaful ( Profit sharing)
Mudaraba means profit-sharing in Arabic. Under this form, the takaful worker asks for no
returns from managing the takaful business. It requires returns from the business of investing the
policyholder funds in agreed ratio such as 50:50, 60:40, 70:30, and etc. hypothetically, the
policyholders pay an amount of money (premium) that is credited to a policyholders’ fund
As mudarib, The takaful operator, invest the policyholders’ fund to the shari’ah compliant
instruments. Profits make from the investment are shared between the policyholder and takaful
operator in agreed ratio. If Any losses arise are charged to the policyholders’ fund. Policy
holders 'fund as valid claims are made, takaful benefits are paid to beneficiaries depending upon
Under wakala-based model, the takaful operator performs as the agent of the policyholders and
as a result entitled to a fee for the services offered. In theory, the policyholders pay premium that
is credited to a policyholders’ fund. As an agent, the shareholders of the takaful operator
company donate to a shareholders’ fund which is maintained separately from the policyholders’
fund.
Mixed Model
The mix model combines elements of the wakala and mudaraba models and is set so that the
takaful operator has two funds; one for the shareholders and the other for policyholders. In this
model, wakala contract is used for underwriting activities while mudaraba contract is used for
investment activities. With regard to underwriting activities, the takaful operator act as wakil or
agent on behalf of policyholders to manage their funds. In exchange for managing the funds, the
takaful operator received a fee known a wakala fee of agency fee which normally a percentage of
the contribution paid for the premium.
Carissa, J. L. (2010). History, Progress and future Challenge of Islamic Insurance. Oxford
Business and economic Conference, (p. 1). Kualalampur.
Gordon W, B. P. (1993). Business law With UCC Applications. New york: Macmillan/ Graw-
Hill.
Jacky Lim, M. F. (2010). History, Progress and future challenge of Islamic insurance.
Jacky Lim, Y. C. (2010). History, Progress and change of Islamic insurance. Kulalapur, Malysia.
Kenneth W. Clarkson, R. L. (2012). Business law Text & Cases, legal, ethical and corporate
envionment. South-Western, Cengage Learning.
Yura Carissa, M. F. (2010). History, Progress and Challenge of Islamic Insurance. Malaysia.