Danger, damage and loss is a reality that must be faced by people in this world. So the possibility of risk in life, especially economic life is very big. Of course this requires preparation of a number of specific funds early.
Therefore many people take way and system to avoid the risk of loss and danger. Among the insurance which is a system for financial loss by channeling lower risk of loss from a person or entity to another.
This has been a widespread Sisem Indonesian country in particular and the world in general. Thus require an explanation of this problem in a review of Islamic shari'ah.
Insurance General
The word insurance is in English called the Insurance and the French language is called Assurance. While the Arabic language is called at-Ta'mien. This insurance is defined in general dictionaries Indonesian language as an agreement between two parties, one party will pay money to another party, when an accident and so on, while the other party will pay the dues. [1]
It was also defined in the legislation of Indonesia as an agreement between two or more parties, by which the insurer is binding to the insured, by accepting the insurance premium, to provide reimbursement to the insured for loss, damage or loss of expected benefits or legal liability third party that may be suffered by the insured, arising from an event that is uncertain, or provide a payment based on death or life of an insured person. [2]
While some scholars shari'ah and fiqh experts provide a variety of definitions, including:
1. The first opinion, insurance is a guarantee agreement of the parties guarantor (ie insurance companies) to give a number of property or wages regularly or replace other items, the parties are given a guarantee (ie insurance clients), at the time of the accident or the certainty of danger, which explained by the treaty, it is instead of installments or payments made by customers to the company. [3]
2. Second opinion, insurance is a self-insurer binding agreement as demanded by the agreement to pay to the insured or customers who provide mortgage terms to kemaslahatannya some money or a regular wage or replace any other property at the time of the accident or the realization of the risks described in the agreement. It is given in lieu of installment payments made or insured to the insurer (the insurance). [4]
3. The third opinion, the binding of self-insurance is the first party to second party to provide compensation in the form of money given to the second party or its designated person when there is a risk of loss has been described in the contract. That in return from both parties submitted a certain amount of money in the form of installments or the other. [5]
From these diverse definitions have a deal in the following points:
* The final offer from the insurer and qabul (al-Mu'ammin) and insured (al-Mu'ammin Lahu).
* The existence of the object to be an insurance referral.
* Insured submit to the insurer (insurance manager) a sum of money either by cash or installment as agreed by both parties, called the premium.
* Insurers provide compensation to the insured in the event of damage in whole or in part. This is a generally accepted insurance and conventional insurance is called (al-Ta'mien al-Tijaari) which prohibited the majority of scholars and researchers of contemporary issues of today. Also a statute Hai'ah flapping Majlis Ulama (council of clerics in Saudi Arabia), no. 55 dated 4/4/1397 H and determination No. 9 of the Majlis Majma 'al-Fiqh al-Mu'tamar Munazhomah under al-Islami (OIC). [6]
Likewise forbidden in the decision of al-Mu'tamar al-'Alami Early al-al-Islami lil Iqtishad in Makkah in the year 1396H. [7]
Then the scholars provide solutions in these problems by formulating one type of insurance that is based on contract shari'ah tabarru'at [8] who called at-Ta'mien at-Ta'awuni (ta'awun insurance) or at-Ta'mien at-Tabaaduli.
Understanding Insurance ta'awun (at-at-Ta'awuni Ta'mien)
The contemporary scholars define at-Ta'mien at-Ta'awuni with several definitions, including:
1. The first opinion, insurance ta'awun is gathering a number of people who have a particular hazard. That's the way they collect some money by association. Some money is set aside to compensate people who deserved to losses among those affected. If the premium is collected is not enough for that, then members were asked to collect additional to cover shortage. If more than that out of the indemnity so every member has the right to reclaim these advantages. Each member of this insurance is the insurer and the insured as well. This insurance is managed by some members. Will clear picture of this type of insurance is like a form of business cooperation and solidarity that does not aim for profit (business) and its purpose is only to replace losses that befell some of its members with the agreement they divided it among them in accordance with the procedures described. [9]
2. Second opinion, insurance is a joint ta'awun number of people who have similar risks of certain hazards to replace losses that befell one of them with a way to collect some money to then perform the compensation in the event of a hazard that has been set. [10]
3. The third opinion, insurance ta'awun is gathering a number of people making shunduq (venue to raise funds), which they finance with a particular installment is paid each of them. Every time they take certain parts of these shunduq when crushed by the loss (hazards) specific.
4. The fourth opinion, insurance ta'awun is gathering a number of people who bear the risk of similar dangers and every one of them has a specific section devoted to perform a proper compensation for those exposed to danger. If the collected (in Sarekat) exceeds that must be paid in compensation, the members have the right to request return. If less then the members are asked to pay additional fees to cover the deficiency or reduced compensation should conform such inability. Members ta'awun insurance is not trying to realize the benefits but only trying to reduce the losses faced by some members, so they do contract transactions to help each other bear the calamity that befell some of them. [11]
So from the above information can be concluded that the insurance ta'awun is the movement of a number of people who each agreed to indemnify that befell one of them as a result of certain risks and it was taken from the collection of contributions, each of whom has agreed to pay. This is an agreement tabarru 'which aims to help each other and no commercial purpose and find benefits. As well as this contract contained no usury, forbidden speculation, gharar and gambling. (About gharar, see also the article Know Your Marketplace Gharar)
Preview most trivial example, there is one family or several people make shunduq then they will hand over a sum of money from the collection of the money was used to compensate members who get a disaster (hazards). If the money collected does not cover it, then they cover up the deficiency. If the excess after penunaian indemnity then be returned to them or made capital for the future. This may be expanded into an institution or foundation that has a special officer who manage to earn and save money-the money and spend it. These institutions may also have a manager who planned the work plan and managementnya. All workers and managers following officers get a certain salary or they do it voluntarily. But all must be built to not look for profit (business) and all sides aim to ta'awun (helping each other.) [12]
From here can be explained ta'awun insurance characteristics as follows:
* The purpose of insurance is purely takaful ta'awun and ta'awun (helping each other) in a close loss arising from hazards and disasters.
* Insurance contract is an agreement ta'awun tabarru '. This can be seen reflected in the relationship between customers (members), which if not they add more and if they have a right to have refunded the rest.
* Basic insurance fikroh ta'awun enforced on the distribution of certain danger of loss of a number of people, where everyone gives stock to help cover the damages between them. So people who participated in this insurance exchange in danger of them bear the risk.
* In general ta'awun insurance is growing in the group that had a special bond and has been a long time, such as kinship or a job (profession).
* Replacement of compensation for the risk of danger that is taken from the one in shunduq (savings) insurance, if not sufficient then sometimes asked to recruit additional members or to cover most losses only. [13]
Differences Between Insurance ta'awun and Conventional. [14]
From the above characteristics and definitions presented by contemporary scholars about ta'awun insurance can be explained by the difference between conventional insurance. Among them:
1. Insurance ta'awun including tabarru contract which meant purely takaful and ta'awun (helping each other) in a close loss arising from hazards and disasters. So the premiums from their members are grant (tabarru '). Unlike conventional insurance contract intended to make profits based on al-Mu'awwadhoh al-Ihtimaliyah (oriented business who speculate that in French contrats aleatoirs).
2. Replacement of compensation for the risk of danger in ta'awun taken from the amount of insurance premiums in shunduq (savings) insurance. If not enough then there are times when an additional request from a member or recruit to cover most losses only. So there is no necessity to cover the entire loss is covered if the member does not agree entirely. Unlike conventional insurance that binds itself to cover all losses that have (according to the agreement) in lieu of insurance premiums paid by the insured. This causes the insurance company bound itself to bear all the risk themselves without any help from other customers. Therefore, the aim is to search akadnya profit, but benefits are not biased for both parties. Even if the insurance company is profit, the customer (the insured) to lose and if the customer (the insured) fortunately, the company is losing money. And this is a consuming treasure with vanity as it contains a profit of one party over another party losses.
3. In conventional insurance could be an insurance company can not afford to pay compensation to customers when passing a predetermined size limit for the company itself. While in ta'awun insurance, helping our customers in fulfilling the indemnity must be issued and payment of compensation in accordance with the existing of the role of its members.
4. Insurance ta'awun not intended to seek profit from the difference between the premium paid from damages incurred. Even if there is a difference (residual) from the payment of claims will be returned to members (the insured). While remaining in the conventional insurance companies owned by the company.
5. Insurers (al-Mu'ammin) in ta'awun insurance are insured (al-Mu'ammin Lahu) itself. While in conventional insurance, the insurer (al-Mu'ammin) are outsiders.
6. Premiums paid by the insured in the insurance ta'awun used for the good of all of them. Because the goal is not to do business with such business, but is intended to cover damages and costs operasinal company only, while in the conventional system, the premium is used to benefit the company and its profits simply because the goal is to do business with tersenut insurance business to gain maximum benefit from the payment premiums of its customers.
7. Insurance ta'awun free from usury, speculation and gambling as well as gharar prohibited. While conventional insurance is not free from these things.
8. In ta'awun insurance, the relationship between customers and insurance companies ta'awun there on the following principle:
a. Managing the operational management of insurance companies carry out a prepared letter of membership (watsiqah), collect premiums, issue a claim (compensation) and any other kind of managed to get a clear certain salary. That's because they become the manager of insurance operations and clearly written fee amount (salary) is.
b. Company managers to develop existing capital to get permission form the company and also has the ability to develop property insurance which submitted its customers. With the provisions they are entitled to a share of the profits from property development as mudhoorib insurance (capital development manager with mudhorabah).
c. The company has two separate counts. First to develop the company's capital and second count of property insurance and the remaining property owned by a pure insurance customers (premium payer).
d. Corporate managers responsible for what is the responsibility of al-Mudhoorib of management activities associated with development capital in exchange for the benefits mudhorabah, as well as responsible for all expenses insurance office in return for a fee (salary) management into their rights. [15]
While the relationship between customers and insurance companies are all in the conventional insurance premiums paid by the customer (the insured) to the property company that is mixed with the company's capital in exchange for payment of insurance claims. So that no two separate counts.
1. Customers in the insurance company deemed ta'awun Sarekat members who owned the rights to benefits arising from their capital development efforts. While in conventional insurance, the customer is not considered Sarekat, so that no right at all of the benefits they capital development and even companies themselves who take advantage of all that exists.
2. Ta'awun insurance company does not develop his property on the things that are forbidden. While conventional insurance does not care about and forbidden in the development of his property.
Thus some differences. Hopefully further clarify this issue ta'awun insurance. Wabillahittaufiq.
Reference:
1. Abhats Hai'at Kibar Ulama, prepared by the Committee continue to study Ilmiyah and fatwas (al-Lajnah Daa'imah ad-Li al-Buhuts al-Ilmiyah wa al-Ifta)
2. Al-'Uquud Al-Maaliyah Al-Murakkabah, Dirasat fiqhiyah ta'shiliyah wa tathbiqiyat, DR. Abdullah bin Muhammad bin Abdillah al-'Imraani, first printing of 2006M, Dar Kunuuz Isybiliyaa, KSA
3. al-Fiqhu al-Muyassarah, Qismu al-mu `amalat Prof. Dr Abdullah bin Mohammed Al Thoyaar, Prof. DR. Abdullah bin Muhammad Al Muthliq and DR. Muhammad bin Ibrahim Alumusa, first printed in 1425, Madar Al Wathoni LinNasyr, Riyadh, KSA
4. Fiqhu an-Nawaazil, Dirasah Ta'shiliyah Tathbiqiyat, DR. Mohammed bin Hussein al-Jiezaani, first printing year 1426H, Ibn al-Juazi dar.
5. Papers DR. Kholid bin Ibrahim al-Du'aijii titled Ru'yat Syar'iyah Sarekat fi al-Ta'miin al Ta'aawuniyah Page 2. (See aldoijy@awalnet.net.sa or www.saaid.net)
Footnotes:
[1] General Dictionary of Indonesian Language, WJS Purwodarminto composition, prints to-8 year 1984, Balai Pustaka, p. 63.
[2] See Law No. 2 Th 1992 on insurance business.
[3] See the discussion of insurance by Ustadz Muslim atsary Questioning the article Insurance in Islam
[4] Abhats Hai'at Kibar Ulama, prepared by the Committee continue to study Ilmiyah and fatwas (al-Lajnah Daa'imah ad-Li al-Buhuts al-Ilmiyah wa al-Ifta) Saudi Arabiya, 4 / 36.
[5] At-Ta'mien wa Ahkamuhu by al-Tsanayaan p. 40, quoted from the book of Al-'Uquud Al-Maaliyah Al-Murakkabah, Dirasat Fiqhiyah Ta'shiliyah Wa Tathbiqiyat, DR. Abdullah bin Muhammad bin Abdillah al-'Imraani, first printing of 2006M, Dar Kunuuz Isybiliyaa, KSA things. 288.
[6] See al-Fiqhu al-Muyassarah, Qismu al-mu `amalat Prof. Dr Abdullah bin Mohammed Al Thoyaar, Prof. DR. Abdullah bin Muhammad Al Muthliq and DR. Muhammad bin Ibrahim Alumusa, first printed in 1425, Madar Al Wathoni LinNasyr, Riyadh, KSA things. 255.
[7] an-Nawaazil Fiqhu, Dirasah Ta'shiliyah Tathbiqiyat, DR. Mohammed bin Hussein al-Jiezaani, first printing year 1426H, dar Ibn al-Juazi, 3 / 267.
[8] Akad tabarru 'are all forms of contract made with the aim of virtue and mutual help, not merely for commercial purposes, see the National Sharia Board Fatwa Ulama Council of Indonesia No: 21/DSN-MUI/X/2001 General Guidelines Shariah insurance.
[9] Abhats Hai'at Kibar Ulama, prepared by the Committee continue to study Ilmiyah and fatwas (al-ad-Daa'imah Lajnahu Li al-Buhuts al-Ilmiyah wa al-Ifta) Saudi Arabiya, 4 / 38.
[10] at-Ta'mien Nidzom, Musthofa al-Zarqa 'thing. 42 quoted from the book of al-'Uquud al-Maaliyah al-Murakkabah, Dirasat fiqhiyah ta'shiliyah wa tathbiqiyat, DR. Abdullah bin Muhammad bin Abdillah al-'Imraani things. 289.
[11] Al-Ghoror Atsaruhu wa fi al-'Uquud, DR. al-Dhoriir, second printing of Mathbu'aat Majmu'ah dalah al-Barokah, p. 638 quoted from the paper of DR. Kholid bin Ibrahim al-Du'aijii titled Ru'yat Syar'iyah Sarekat fi al-Ta'miin al Ta'aawuniyah Page 2. (See aldoijy@awalnet.net.sa or www.saaid.net)
[12] See about this in the discussion at-Ta'mien at-Ta'awuni al-Murakkab in the book of al-'Uquud al-Maaliyah al-Murakkabah, Dirasat Fiqhiyah Ta'shiliyah wa Tathbiqiyat, DR. Abdullah bin Muhammad bin Abdillah al-'Imraani things. 291-311.
[13] These five characteristics are taken from the book of al-'Uquud al-Maaliyah al-Murakkabah, Dirasat Fiqhiyah Ta'shiliyah wa Tathbiqiyat, DR. Abdullah bin Muhammad bin Abdillah al-'Imraani p. 290-291
[14] Our summary of the two sources of Papers DR. Kholid bin Ibrahim al-Du'aijii titled Ru'yat Syar'iyah Sarekat fi al-Ta'miin al Ta'aawuniyah Page 2-3 and al-'Uquud al-Maaliyah al-Murakkabah, Dirasat Fiqhiyah Ta'shiliyah Tathbiqiyat wa, DR. Abdullah bin Muhammad bin Abdillah al-'Imraani p. 290-291 and al-Fiqhu al-Muyassarah, Qismu al-mu `amalat Prof. Dr Abdullah bin Mohammed Al Thoyaar, Prof. DR. Abdullah bin Muhammad Al Muthliq and DR. Muhammad bin Ibrahim Alumusa pp 255-256
[15] As a result of the decision of Nadwah (Symposium), al-Barkah to 12 for Islamic economics, assessment and advice Nadwah al-Barkah Iqtishad al-Islami lil thing. 212.
***
Author: Ustadz Kholid Syamhudi, Lc.
Articles www.ekonomisyariat.com
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