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The agent is the representative of the Takaful Operator (Insurance Company) in relation to the principal, who is appointed according to the prevailing laws. The main bond of the agent is its relationship with the Takaful Operator, not with the Takaful participant. A Takaful agent represents the Takaful Operator and its primary duty is to promote the Takaful plan or product issued by the Takaful Operator it represents. As a reward, agent will receive a portion of the contribution as remuneration from takaful operators for the services rendered.Brokers generally do not have contractual agreements with Takaful Operators and not bound by any Takaful Operator. Their relationship relies on general / direct method to complete transactions with Takaful Operator. Takaful Brokers provide a comprehensive range of professional Takaful broking services to assist potential customers on how to make paid contributions / premiums more cost effective and at the same time enjoying maximum coverage. Different with agents, Takaful brokers represent customers and advise customers on the most appropriate Takaful plan. Broker will receive brokerage fee in return for the services rendered. All Insurance Brokers are licensed by Bank Negara Malaysia and are registered with The Malaysian Insurance and Takaful Brokers Association (MITBA).The Shari’ah issues with regards to brokers and agents that need to be addressed as follows:1.     Lack of knowledge in subject matter related TakafulWe have heard the grievances made by the participants of takaful agent are the misconceptions about providing takaful or unsatisfactory services. The Takaful Society of Malaysia (MTA) also outlines some guidelines of conduct that must be adhered to by any agent promoting takaful. In line with the Shari’ah requirements that emphasize the rights of both parties to sign contracts, each agent needs to provide accurate information about a product offered so that the needs of takaful participants will be fulfilled. Agents and brokers need to equip themselves with knowledge related to the concept of takaful and the importance of financial planning. They need to know the whole takaful system itself, including the internal processes of the takaful operator and the takaful plans offered. This knowledge is important to ensure that they are more prepared to deal with potential participants or participants on the appropriate products and services. Takaful agents and brokers need to be knowledgeable in subject matter and transparent. The failure of agents and brokers in understanding the concepts and products of Takaful will cause the products and services provided to customers not comply with Shari’ah compliant. There are still agents and brokers who use conventional insurance approaches in their marketing. They only focus on the information pertaining to the protection or benefits of takaful to be acquired such as insurance agents explaining insurance coverage and tend to over promise. In essence, takaful agents actually need to increase their knowledge of the ‘legality’ of contracts according to Islam. The takaful contract is not just a contract of tabarru ‘(welfare), but also has a mudharabah contract (business collaboration) element. The contract theory in Islam require to explain contractual content / objectives (muqtada al-‘aqd). The mistake of the agent clarifying the contract thorough and detailed will result in uncertainty in the contract. Brokers and agents of Takaful must have excellent and proper understanding in objective, concept and products of Takaful to ensure they able to fulfill their responsibility to market the Takaful products.2.     Agents and brokers have ethical problemHolmes et al. (2012) mentioned that the ethical standards of any professional body are important in maintaining credibility and reputation of company. However, to achieve or increase sales targets, agents and brokers often compete with each other. To increase their sales, Takaful agents and brokers need to get new customers to avoid dismissal. They will use different types methods to increase their sales and try to keep their performance in the firm. They may promise any benefits that are not in the contract or guarantee capital and investment profits and so on. Unethical practices of Takaful agents arise in order to increase their sales. They may act out of control to maintain self-interest and may cause agent misconduct has been identified. Insurance agents have the opportunity for ethical misconduct because the service provided is very abstract and difficult for customers to fully understand.3.    Agents unable to disclose the details of total charged to the participantAmong the important issues for takaful products is that agents or brokers unable to clearly explain to participants of the commissions and service fees imposed by takaful operators on each donation. To market their products, takaful operators have appointed agents and brokers to carry out marketing work. Problems arising, participants are not informed of the charges incurred on the contribution / payment made, and sometimes there is no current statement sent to the customer indicating the accumulated revenue in the investment account. The charges may vary depending on the performance of the takaful operator and this may expose takaful participants to the risk to bear high costs. This practice is clearly contradictory to al dharar yuzal (kemudharatan mesti dielakkan)and gharar (uncertainty).An agent or broker must disclose the details of the total cost charged to the participant and agreed by the takaful participant. The total cost charged should be taken into account how much is earned by the takaful agent, the amount obtained by the takaful operator, and the amount of charges imposed by the investment fund manager or the investment link. Although nowadays commissions paid to takaful agents are included in management expenses (where these funds are derived from participants’ contribution payments) but there are still issue regarding the amount of commission should be paid to the agent for the services rendered.