التأمين التكافلي بالمغرب: الواقع والأفاق

Mohamed HAMZA

Abstract


In the last few years, the Moroccan legislation on insurance has undergone a radical change with the appearance of the insurance code in 2002 which cleaned the dust off legal texts, and guarantees their collection. This code, which sets out an effective institutional framework aimed at providing adequate management of the insurance sector, whose balance and consolidation are considered to be primary elements of Morocco’s economic and social development.

Thus, Morocco’s legal system has been updated and adapted to the legislation of Morocco’s economic partners especially the European union and the Gulf cooperation council. In this respect, law number 13-59 was adopted introducing for the first time the concept of takaful insurance for the quick development of the mentioned insurance system in the last few years, especially as many Islamic financial institutions have witnessed significant resilience in light of the local and international financial crises.

However, the introduction of this new type of insurance to the Moroccan legal arsenal has put the legislator in front of the challenge which is bringing up a legal framework that ensures the preservation of the legal and technical characteristics that distinguish this type of insurance, taking advantage of the experiences of the countries that take precedence in this field and avoid their stumbling blocks.

In Morocco takaful insurance has many opportunities to support its growth, but at the same time, it faces many challenges and threats that the legislator should be aware of and work to overcome, and to create the appropriate legal ground for further growth. Therefore, this research paper diagnoses the reality of takaful insurance in Morocco and to highlight its peculiarities in the light of Law 17.99, and then to explore the prospects of this growing industry in the local market, by limiting its most important available opportunities, obstacles and challenges facing its progress, and the appropriate proposals to overcome it.

 

 

 


Keywords


Takaful insurance, Morocco, reality, prospects, challenges

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