Insurance For The Islamic World

A. Definition
Pursuant to section 246 zan Watboek Koophandel (Book Trade Act) that insurance is one where the parties dimaksuddengan loans persetuan promises that are sure to receive cash bonuses, peganti losses, which may be suffered by the guarantee effects of events that are going to happen is clear.
According to Fuad Mohd. Fachruddin that insurance is a contract-fortune. Previously, explained the definition of insurance in accordance with law 246 of the element of the book.

B. Various kinds Insurance
Insurance available to countries in the world is uneven. This is due to various things that are insured. For clarity, the following types of insurance.

a. mutual insurance
for mutual insurance are a few give the right is seen the true intention of easing the burden or the release of one of them as an accident. If the money was obtained, maintained swore again in preparation for the next and so on.

b. Safe
commercial insurance is the same boat a few people who accept a shared responsibility of Dala to bear the losses it had suffered one of its members. Apababila hurt them a group member who has promised that all those who joined in an agreement to carry the burden of losses tersdebut was taken by the charity (contributions) have been identified on the basis of cooperation to mitigate friend semasyarakat.

C. Government Insurance
government is to guarantee insurance payments for damage caused to any person who suffers from a time when the occurrence of an event that gaps merugiakan regardless of benefits, including menaggung government because the money collected as taxes and Insurance is cheaper than the payment of loss should be given to the patient diwatu loss occurred. Government is oblligator insurance or coercion and implemented by agencies were determined for each goal.

of Life Insurance
The purpose of life insurance is insurance for the souls of those who subscribe to the soul of another, Insurance (asuras) undertook to pay money to the person named in the police if the guarantee (the bear) or died after spending a certain period.

e. Insurance Council of risks arising
insurance risk insurance against loss by certain circumstances in life insurance for the damage a person’s self-destruction, like the eye of insurance, insurance, ears, arms, insurance, or insurance for specific diseases. Insurance is done mainly by industrial workers who face a variety of accidents in the meninaikan task.

f. The risk of liability insurance
The purpose of insurance against liability insurance that is being waged against objects, such as home insurance, business, cars, planes, boats, motors, and others. In the RPP dipaksaan safe in the car.

C. Opinions on Insurance Ulama
The problems of security in the light of Islamic teachings, including problem ijtihadiyah legal means should be explored more deeply as possible, because they fail to Leh Al-Quran and Sunnah explicitly. Mujtahid like Abu Hanifa, Imam Malik, Imam Shafi’i, Imam Ahmad ibn Hanbal and during mujtahid not issue legal opinions on insurance because the insurance at the time was unknown. new insurance scheme known in the East in the nineteenth century AD. Western world are familiar with the insurance system since the fourteenth century of our era, while the large living mujtahid researchers around the ninth century AD DS.
Among Muslim scholars or scholars of the four views on the insurance law, namely:
a. prohibits the insurance of all types and shapes, as now, life insurance, among others, include Sayyid Sdbiq klmpok revealed in his book Fiqh al-Sunna, Abdullah al-Qalqilia, Muhammad Yusuf al-Qaradawi and Muhammad al-Bakhit Muth ‘i, among other reasons:
• Insurance is essentially the same as the game;
• Nsure contains vague and uncertain;
• an element of wear / ent;
• an element of exploitation, because if the tenant can not continue to pay the premiums paid;
• premiums paid by the holders of polls has played in the practice of usury (since the money and dibungakan)
• Insurance, including Akad Sharf, means the sale or exchange currency menukur non-cash;
• Life and death of people have made a business object, which is preceded by the fate of God Almighty.
b. Allow all safely in today’s practice.
This view was expressed by Abdul Wahab Khalaf, Mustafa Ahmad Zarqa, Muhammad Yusuf Musa and the justifications presented in the following manner:
• no Koranic texts and the texts of al-Hadith, which prohibits insurance;
• Both parties are promising (which asuradatordan warranty) with full willingness to accept this fact memikultanggung oprasi individual responsibility;
• The policy does not change one or both sides and even the insurance benefit of both parties;
• Insurance has a general interest for which the premiums can be invested terkemul (donated to become the capital) for development projects and priduktif;
• Insurance, including mudaraba agreement, a pact that is sure of the results of cooperation between the lessee (the owner of capital) with the insurance companies who manage capital on the basis of the results (advantages and Distribution losses);
• security, including Shirkah ta’awuniyah;
• Analog or a retirement system diqiaskan as TASP,
• The insurance business conducted by the public interest and common interest;
• keep such insurance in many of the accident to property, wealth and keperibadian.

For these reasons, insurance is considered important for the participants and the insurance company at the same time. Practices or actions that may lead to many people receive are justified by religion.
Fouad Mohamed also said that insurance sosisal Fachrudin, such as health insurance and accident, caused by work. Been brought against any person who pays the premium rate to determine which, moreover, to respond to gaps identified in the difference in money has been withheld by the paying monetary damages. So certain is the public interest towards the social. Therefore, the insurance is justified by the religion of Islam.
Accident insurance, if insurance belonging to a combination of insurance (including savings). the mixed nature of the insurance premium has two, namely, the danger of death ubntuk close and prepare the money to pay had he not died Dalma period specified, then the law allowed by the religion Islam, because that album asuransicampur save money and savings for the public good. The requirement is the insurance company agrees to assured that the money from the premiums does not work, wear the same as the postal savings hhukm concerning the possession keclakaan insurance (dilaksanakn) with Ordinary insurance Fouad Mohamed Fachruddin not allowed, because this is certainly not the public interest and the common interest.

C. enable the social security and insurance business only prohibited.
This opinion was expressed by Muhammad Abu Zahra. The reason can be used to allow Social Security berifat same reason, a second opinion, while commercial insurance reasons penggharaman single line equal to the first opinion reasons.

d. It is assumed that the insurance is not because the arguments clearly and explicitly prohibits syubhat menghalalkannya syar’i. If syubhat dikatagorika insurance law, the consequences must be carefully dtuntut Muslims (al-ihtiyath) in the management of insurance. New Muslims are allowed to establish a policy or an insurance company in case of emergency.

D. Insurance expectations Zuhudi
After reviewing masfuk Zuhdi and explain insurance, trying to conclude and bring some harapanya. Conclusions and expectations are so berikkut Zuhdi.
a. Basically, the expectations of insurance include life insurance is permitted by Islam.
b. To popularize Bangasa insurance between the Muslim majority in Indonesia, where the renewal of insurance coverage held by the attention of management principles and spirit of Islamic Sharia.
C. The funds collected in the form of premiums paid by policyholders of the insurance company could be used for projects that are productive and peembangunan.
d. As corporate profits should be used for suransi interests and the religious community;
e. Assembly Ulma Indonesia (MUI) as bearers of the aspirations of central Indonesian Muslims should immediately issue a fatwa of insurance law, while Muslims in Indonesia has a vision and a strong constraint on insurance.

E. Decision of the Conference of Islamic countries in Kuala Lumpur on the world insurance
Given the insurance is there and running in most predominantly Muslim countries in the Muslim world sebagainberikut berkonfermasi decisions.
a. On insurance in which the item is prohibited usury and exploitation.
b. Cooperative insurance is legal:
• Insurance for a specific company can do for humans (sekumpul humans) on the basis of cooperatives;
• An unlimited insurance for a company that can be done by the government;
• Conference recommends that the Islamic governments to achieve cooperative Stargate among Islamic countries.
Participants pay a fee for this insurance as money should not be resumed unless the law.
C. taking into account the importance of international trade kosher insurance in the field of international diangga existing under emergency laws.

F. Insurance System in Islam
Described by Muhammad Siddiqi Nejatullah that insurance is a basic necessity for human beings because of the financial consequences of an accident and need compensation. The insurance problems are universal organization managers, such as sudden death, disability, unemployment, disease, fires, floods, storms, and accidents related to transport and causes kerugianfinansial. Accidents like this are not only dependent on volunteers, thereby requires insurance to be treated as a basic human need in the broad scope of activities and the human situation.
Perindungan must cope with disasters and economic losses associated with each person faces as important as the maintenance of order. To eliminate the evils of the nature of the accident described in the provisions relating to public kesejahtraan and social security in an Islamic system is a duty of the State to provide assistance to people experiencing serious difficulties and needs resulting from sudden accidents, defective innate, while unemployment, old age or natural death of a breadwinner. In general, the countries according to their own opinions to comply with these obligations. In some cases, a number of specific sources can be exploited to this end, we paid by the employer on behalf of employees and their workers, accused the government on behalf of public officials, as well as salaries or wages .
The design is considered safe in line with Islamic values proposed by Siddiqi uhammad Nejatullah follows.
a. All insurance is about the dangers of the human spirit, both of body and health Angot should be treated exclusively under state control. If the life or health of the body affected by the accident at work or in the exercise of rights under the instructions of his employer, aid agencies and the return of tax on owners of factories or employers. The same principle can be applied in deciding pengangguaran problem, if the action is dilakuka by the employer or owner of the factory after the result menganggurannya person. In most of these people should be free to take out insurance to deal with the damage caused to the interests of himself and his family, by accident, so you can maintain economic productivity and business continuity.
The insurance must be above national interests by reducing all the assurances made by the authority of the State. State must take steps to protect property and property of people by fire, earthquakes against flooding, storms, and theft. The opportunity should be given to everyone to obtain insurance against financial loss has occurred. That the compensation payable in each case prior contractual agreement which is the basis for payment of the premium for homeowners. In poor person caused by an accident, the person must be rescued from poverty with a social security system. This guarantee must be obtained without payment of premium. It is desirable that large companies like the airline industry must be assured, the house can also be caused by dipertimbangan jalurini points tingal private entities engaged in insurance activities wealth Brang goods may be allowed.

b. That most forms of insurance relating to the soul, maritime trade, including fires and accidents in the public sector. Some of them it is a specific accident, the rights and interests and contract kntrak could be delivered to the private sector.

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