INSURANCE LAW ACCORDING TO ISLAM
The definition of insurance is a contract that requires the insurance company (muammin) to deliver to the customer / client of his (muamman) some property as a consequence of the contract that, be it in the form of remuneration, salary or compensation of any kind of goods in the event of a disaster or accident or its proven a danger as defined in the contract (transaction), in return for money (premiums) paid regularly and periodically or in cash from the client / customer is (muamman) to the insurance company (muammin) at the time of his life.
Based on the above definition it can be said that insurance is one way of payment of compensation to the unfortunate, to be funded by contributions from all participants insurance premiums.
Some insurance terms used are:
A. Insured, ie you or legal entity that has an interest in the property or
B. Insurers, in this case the insurance company, a party who receives insurance premiums from the insured and bear the risk of loss / calamities that befall the property insured
CONVENTIONAL INSURANCE
A. The characteristics of conventional insurance There are several traits possessed conventional insurance, which are:
Asurab the conventional contract is a contract mulzim (agreements must be implemented) for balah both parties, the insurer and the insured. Both of these obligations is the obligation of the insured to pay a primi-insurance premiums and liability insurer to pay insurance money in the event of an insured perietiwa.
The insurance contract is a contract mu'awadhah, namely contract in which both people can take berakad replacement of what has been given.
The insurance contract is a contract of gharar because each of both the insurer and the insured parties on hold eaktu agreement not know the number he gave and the amount he took.
The insurance contract is a contract idz'an (subordination) is a strong party insurance company because it was he who determines the terms that are not owned by the insured,
B. Insurance in Islamic Law Perspective view of this insurance problem is wellknown in Indonesia and expected to Muslims involved in it, then the problem should also be reviewed from the viewpoint of Islam.
Among Muslims there is the assumption that the insurance was not Islamic. People who do insurance as well as those who deny the grace of God. God was the one who determines all and everything and provide sustenance for His creation, as Allah SWT says, which means:
"And no one else on earth besides reptiles Allah Who gives sustenance." (Surah Hud: 6)
"...... And who (also) who gives you sustenance from heaven and earth? Is no God besides Allah (else)? ...... "(Surat an-Naml: 64)
"And we have made for you the earth necessities of life, and (we create anyway) creatures you occasionally not giving sustenance to him." (Surat al-Hijr: 20)
Of the three verses can be understood that God actually had prepared everything for the purposes of all His creatures, including man as a vicegerent on earth. God has been preparing raw materials, instead of mature material. Humans still need to process it, look for it and working on it.
Immerse yourself in this insurance, is one effort to confront the future and old age. However, because of the insurance issue is not explicitly described in the texts, then the problem is seen as a problem ijtihadi, the problem may still be debated and certainly hard to avoid disagreements.
There are several views or opinions of the insurance terms of Islamic fiqh. The most prominent difference is divided into three, namely:
I. Insurance is forbidden in all sorts of forms, including life insurance
This opinion was expressed by Sayyid Sabiq, Abdullah al-Qalqii (mufti Jordan), Yusuf Qaradawi and Muhammad al-Muth'i grabber (mufti of Egypt "). The reasons they put forward are:
Insurance is similar to gambling
Insurance contains elements of uncertainty.
Insurance contains elements of usury / renten.
Asurnsi contains elements of extortion, as the policyholder, if it can not continue to pay premiums, would be lost premiums already paid or reduced.
Premiums already paid will be played in the practice of usury.
Insurance including sale or exchange of currency is not cash.
Life and death of human being the object of the business, and as well as the destiny of God precedes.
II. Conventional insurance permitted
This opinion was expressed by Abd passively. Wahab Khalaf, Akhmad Mustafa Zarqa (professor of Islamic law at the University of Sharia faculty Syria), Muhammad Yusuf Musa (Isalm law professor at Cairo University, Egypt), and Abd. Rakhman Isa (author of the book al-Muamallha wa al-Haditsah Ahkamuha). They reasoned:
No texts (Qur'an and Sunnah) which prohibits insurance.
There is agreement and willingness of both parties.
Mutually beneficial to both parties.
Insurance can cope with the public interest, because the collected premiums can be invested for productive projects and development.
Insurance including mudhrabah contract (for results)
Including insurance cooperatives (Shirkah ta'awuniyah).
Insurance in analogy (qiyaskan) with the pension system as Taspen.
III. Social insurance are permitted and forbidden commercial
The third opinion is shared among others by Muhammad Abdu Zahrah (professor of Islamic law at Cairo University).
The third group is the same reason the first group in the commercial insurance (haram) and the same with the second group of reasons, the nature of social insurance (must).
The reason the group says insurance is doubtful because there is no firm proof that the unlawful or illegitimate insurance.
From the above discussion it is understood, that the growing problem of insurance in society today, there is still a question and invites skepticism, so it is difficult to determine, which is the closest to the correct law.
If there were other avenues that can be taken, of course that's the proper path traversed. Offered a new alternative way, is insurance under the provisions of the Islamic religion.
In these circumstances, should adhere to the words of the Prophet Muhammad:
"Leave the things that ye doubt (cleave) to yagn things do not doubt you." (HR. Ahmad)
Islamic insurance
A. The basic principles of Islamic insurance
An insurance Shar'ie permissible, if not deviate from the principles and rules of Islamic law. For it in the muamalah must comply with the following provisions:
Islamic insurance should be built on Taawun (cooperation), mutual help, mutual guarantees, no business or profit-oriented material alone. Allah says, "And helping each other in goodness and piety and do not help each other in sin and enmity."
Insurance law is not mu'awadhoh, but tabarru or mudhorobah.
Donations (tabarru ') together with a grant (gift), and therefore unlawful withdrawn. If the event occurs, it is resolved according to the law.
Any member who deposited the money according to a predetermined amount, must be accompanied with the intention of helping the sake of upholding the principle of brotherhood. Then from the money collected was taken some money to help people who are in need.
Not justified someone depositing a small amount of money with the intention that he got in return were doubled when exposed to a disaster. Will tetepi congregation he was given money in exchange for the loss according to the permissions granted by the congregation.
If the money is going to be developed, it must be run according to the rules Shar'ie.
B. The characteristics of Shari'ah Takaful insurance has some characteristics, which are you the following:
Shari'ah is the insurance contract is tabarru, donations given should not be pulled back. Or if not tabarru ', then share that will be paid in the form of savings that will be accepted in the event of, or to be taken if the contract is stopped in accordance with the agreement, with no less and no more. Or if it is more then the excess clappers mudhorobah results not usury.
Insurance contract is not a contract mulzim (agreements must be implemented) for both parties. Because of the contributing member when not aiming to be rewarded, and if there is no reward, the reward actually obtained through a license granted by the congregation (all participants or trustee appointed insurance together).
In Shari'ah insurance no stronger side because all the decisions and rules taken by permission of the congregation as the takaful insurance.
Shariah insurance contract net of gharar and riba.
Islamic insurance nuances of family is strong.
C. Benefits of Takaful. Here are some of the benefits to be gained in using Islamic insurance, namely:
The growing sense of brotherhood and a sense of shared causes between members.
Implementation of the recommendation of the Prophet Muhammad that Muslims salimg helping.
Far from Muamalat forms of Shari'a prohibited.
In general it can provide protection-protection from the risk of losses suffered by one party.
Also improve the efficiency, because it does not need to specifically maintain security and surveillance to provide protection that takes a lot of energy, time, and cost.
Equitable distribution of costs, ie enough to expend a certain amount, and do not need to replace / pay for their own losses incurred that amount is not certain and uncertain.
As savings, because the amount paid will be returned to the insurance company when the event occurs or the cessation of the contract.
Loss of power of corning shut a person or business entity at the time it may not work (work).
Comparison between Islamic insurance and conventional insurance.
A. Similarities between conventional insurance and insurance Shari'ah. If one looks closely, found common points between conventional insurance with Islamic insurance, including the following:
The second contract of insurance is based on the willingness of each party.
Both provide security for members
Both of these insurance has a contract that is mustamir (continued)
Both run in accordance with the agreement of each party.
B. The difference between conventional insurance and Islamic insurance. Compared to conventional insurance, Islamic insurance has fundamental differences in some things.
The existence of Sharia Supervisory Board in Islamic insurance companies is a must. The role of the Board in overseeing the management, products and investment policies in order to continue in line with Islamic law. As in conventional insurance, then it does not get attention.
Principles of Takaful contract is takafuli (mutual help). Ie customers that one customer help others who were experiencing difficulties. While conventional insurance contract is tadabuli (buying and selling between the customer and the company).
Funds collected from the customer Islamic insurance companies (premiums) are invested in Islamic based sharing system (mudharobah). While in conventional insurance, investment funds performed in any sector of the system of interest.
Premiums collected remains are treated as customers' funds. The company is only as a fiduciary to manage it. While in conventional insurance, the premium to the company and the company was the one who has the full authority to assign the funds management policy.
For the purposes of payment of customer claims, the funds are taken from the account tabarru (social fund) all participants who have diikhlaskan for the purposes of mutual help if any of the participants in the affected areas. While in conventional insurance, claims repayment of funds drawn from the company's accounts.
Investment profits divided between the client as the owner of the company as the manager of the funds, with the principle of sharing. While in conventional insurance, the benefits are fully belong to the company. If there is no claim, the customer does not gain anything.
From the above comparison, it can be concluded that the conventional insurance does not meet the standards that can be used as the object Shar'ie muamalah valid for the Muslims. That's because many of the distortions that exist in the insurance law is.
Therefore let the Muslims away from muamalah use in ways that deviate insurance, and replace it with insurance in the same breath with the principles muamalah described by Islamic law as Islamic insurance forms that we explored in advance.
Furthermore, the Standing Committee Ad-Daimah Lil Buhut Al-Ifta Wal Ilmiyah [Ilmiyah Standing Committee for Research and Fatwa For Saudi Arabia] issued a fatwa as follows:
"There are two kinds of insurance. Kibaril Hai'ah Majlis Ulama have to study it since a few years ago and has issued a decision. But some people just glance section without regard to the permissibility of illegitimate, or use a license to practice be forbidden so that the problem becomes obvious to some people.
Cooperative insurance (social security) are allowed, such as; group of people paying a certain amount of money for Sadaqah or build mosques or helping the needy. Many people who take this term and make it a reason for commercial insurance. It's their mistake and deception on humans.
Examples of commercial insurance: A person insuring the car or other goods that are imported at a cost of goods so and so. Sometimes does not happen so the money you have paid the insurance company was taken for granted. These include gambling included in the word of God Almighty "Surely (drinking) alcohol or gambling, (sacrificing to) idols, raffle fate with arrows, are abominations including deeds devil" [Al-Maidah: 90]
In conclusion, that the insurance cooperative (co-insurance / social security) is a certain amount of money collected and donated by a group of people for the sake of Sharai, such as; help the needy, the orphans, the construction of mosques and other goodness.
Here we attach to the manuscript reader fatwa the Standing Committee Ad-Daimah Lil Buhut Al-Ifta wal Ilmiyah (Standing Committee For Ilmiyah Research and Fatwa) of the insurance cooperative (co-insurance).
Praise be to Allah, the Lord of the Worlds. Prayers and peace and greetings be upon the Prophet Muhammad, the family and friends, amma ba'du.
Have been excluded from the decision of the Ulema Kibaril Ha'iah illicit commercial insurance to all of its kind because it contains madharat and great danger as well as a follow-consuming someone else's property by way of acquisition of the vanity, which it has been forbidden by the divine law and is strictly prohibited.
Other than that, Hai'ah Kibaril Cleric also has issued a decision on bolehnya security cooperation (cooperative insurance) which consists of donations donors with the intention of helping people in need and not returned to the member (the donors), no principal capital nor profits, because the member is expected Allaah reward to help people who need help, and do not expect reciprocity mundane. It is included in the scope of the word of Allaah "And please menolonglah you in the (working) virtue and piety, and not helping in sin and transgression" [al-Ma'ida: 2]
And the Prophet sallallaahu 'alaihi wa sallam "And God will help slaves during the slave helps his brother" [Hadith Muslim History, book Adh-Dhikr wad wat Du'at Tauba 2699]
It is quite clear and there is no vague.
But lately some companies disguise to people and turned the substance, which they named the unlawful commercial insurance as social security attributed to the edicts of Ha'iah Kibaril Ulema allow it. It is to deceive others and promote their company. Though Ha'iah Kibaril Cleric altogether regardless of the practice, because the decision was clearly distinguishes between commercial insurance and social insurance (assistance). Changing the name itself does not change substantially.
This statement is issued in order to provide an explanation to the people and dismantle the disguise and unveil the lies and pretense. May prayers and peace always bestowed upon our Prophet Muhammad, to the entire family and friends.
[Al-Bayan Min Standing Committee Ad-Daimah Lil Ilmiyah Buhuts Al-Ifta wal-ta'min Haula At At-At-tijari wat ta'min Ta'awuni] ".
Later, Sheikh Abdullah bin Abdurrahman Al-Jibreen argues as follows:
"Conventional Insurance should not be based on Shari'ah law, their argument is the word" And do you eat the most treasure among your friends one another by way of falsehood "[Al-Baqarah: 188]
In this case, the company has taken the treasures of the insurer (the policy) without the way of truth, because (usually) one of them to pay a sum of money per month for a total that could be in the tens of thousands throughout the year when he is not so requires service but even so, his property was not returned to him.
Conversely, they may be paid in part with a little money, then an accident to him to impose on the company many times more than the amount of money he had paid it. By doing so, he has no way to charge the company treasure of truth.
Other things, the majority of those who have paid insurance (fee) to the company likes to act recklessly (careful not to personal safety), driving a vehicle full of risk and could have had an accident, but they quickly say, "Surely the company is strong (financial), and perhaps could pay compensation for an accident that happened ". Surely this is dangerous to the (life) of the population due to the increasing number of accidents and mortality.
[Al-Lu'lu'ul Makin Min Fataawa Ibn Jibreen, it 190-191] "
