Takaful Order, 2008 · As enacted
Section 88
Official textFrom Attorney General's Chambers, unchanged
A person who has at any time been authorised as its agent by a takaful operator and who solicits or negotiates a contract of takaful in such capacity shall in every such instance be deemed, for the purpose of the information of the contract, to be the agent of the takaful operator, and the knowledge of such person relating to any matter relevant to the acceptance of the risk by the takaful operator shall be deemed to be the knowledge of the takaful operator.
takaful operator
"takaful operator" means a takaful operator which has been registered by the Authority under this Order; 11Undertakingn shall be construed in accordance with Part III of the First Schedule;
Any statement made or any act done by any such person in his representative capacity shall be deemed, for the purpose of the formation of the contract, to be a statement made or act done by the takaful operator, notwithstanding any contravention of section 38 or of any other provision of this
Order by such person.
This section shall not apply-
where there is collusion or connivance between such person and the proposed participant in the formation of the contract; or
where such person has ceased to be its agent, and the takaful operator has taken all reasonable steps to inform or bring to the knowledge of potential participants and the public in general the fact of such cessation.
Application of other laws.
Terms defined in s 2
participant
Defined · s 2"participant" includes, where a certificate has been assigned, the assignee for the time being and, where they are entitled as against the takaful operator to the benefit of the certificate, the personal representatives of a deceased participant;
takaful
Defined · s 2"takaful" means a scheme in accordance to Hukum Syara' based on brotherhood, solidarity and mutual assistance which provides for mutual financial aid and assistance to the participants in case of need whereby the participants mutually agree to contribute for the purpose;
takaful operator
Defined · s 2"takaful operator" means a takaful operator which has been registered by the Authority under this Order; 11Undertakingn shall be construed in accordance with Part III of the First Schedule;