DOI: 10.12688/f1000research.190263.1 ISSN: 2046-1402

Regulatory Consolidation to Contractual Architecture: The UAE's Emerging Takaful Framework

Moatasem el-Gheriani, Alia Husam, Mohamad Hidayat Muhtar
Show PDF Cite
Purpose This article evaluates whether the United Arab Emirates’ recent reforms have converted takaful from a specialist insurance arrangement supported mainly by regulatory and contractual instruments into a coherent statutory and regulatory architecture. Design/methodology/approach The article uses doctrinal legal research. It reads the official Arabic legislation as authoritative and uses official English translations and the Central Bank of the UAE (CBUAE) Rulebook for accessibility. The analysis compares the 2010 takaful regulations, the 2018–2023 reforms, Federal Decree-Law No. 6 of 2025, the current CBUAE Regulation Regarding Takaful Insurance, and Article 967 of Federal Decree-Law No. 25 of 2025. Legal certainty is assessed across five distinct dimensions: the regulatory benchmark for Shari’ah compliance, institutional authority, fund and asset segregation, contractual characterization and remedies, and cross-border choice of law. Findings The reforms materially strengthen regulatory, institutional and asset-segregation certainty. Federal Decree-Law No. 6 of 2025 maintains a state-backed Shari’ah governance hierarchy, requires the takaful fund to have legal personality and a financial liability distinct from the operator, and authorizes detailed CBUAE implementation. Article 967 supplies a civil-law point of recognition for the mutual takaful arrangement. The current CBUAE regulation further separates the fund’s substantive liability from the operator’s procedural and managerial accountability by making the company the sole suable party under the policy while requiring payment from fund assets. These developments do not, however, establish that every Shari’ah breach automatically invalidates a contract, nor do they guarantee that a foreign court will give effect to a UAE governing-law clause without applying its own conflict rules and mandatory insurance law. Practical implications Operators should align the takaful policy, Participation Membership Policy, fund charter, Wakala terms and governing-law clause. Cross-border documentation should choose UAE law expressly, identify the relevant CBUAE and Higher Shari’ah Authority standards, and select a forum capable of applying that law. The reforms reduce important categories of uncertainty, but careful drafting remains necessary. Originality/value The article offers an integrated doctrinal account of the 2025–2026 statutory reforms and their implementing regulatory architecture. It demonstrates that the UAE model improves legal certainty not through nomination alone, but through the interaction of public supervision, a legally distinct fund, a defined agency model and civil-law recognition.

More from our Archive