Operational Principles Sharia Insurance
dakwatuna.com - The main principle in Islamic insurance is ta'awanu 'alal birri wa al-taqwa (please-menolonglah you all the goodness and piety) and al-takmin (feel safe). This principle makes the members or participants of insurance as a large family with each other mutual guarantees and bear the risk. This is due to transactions made in the Takaful insurance is an agreement takafuli (bear one another), rather than contract tabaduli (exchange), which has been used by conventional insurance, the exchange with the sum assured premium payment.
The scholars and experts of Islamic economics argue that Islamic insurance or takaful insurance is established on three main principles, namely:
1. Mutual responsibility, which means takaful insurance participants have a sense of shared responsibility to assist and help the other participants of the unfortunate or loss with sincere intentions, because taking responsibility with a sincere intention is to worship. It can be noted from the hadiths of the Prophet. follows:
"The position of fraternal relations and the feelings of believers from one another as one body (bodies) when one of its members are not healthy, it will affect the entire body" (Narrated by Bukhari and Muslim).
"A believer to another believer (in a society) as a building where each section within the building confirmed that the other parts" (Narrated by Bukhari and Muslim).
"Each of you are the bearers of responsibility and each one of you responsible for those under your responsibility" (Narrated by Bukhari and Muslim).
"One is not considered to have faith that he loves his brother as he loves himself" (Narrated by Bukhari).
"Those who are not considered to believe that he loves his brother as he loves himself" (Narrated by Bukhari).
Sense of responsibility towards other people is the duty of every Muslim. Sense of responsibility is certainly born of mutual love, love, mutual help and to feel concerned togetherness to get together in realizing the prosperity of society who believe, self-restraint and harmony.
With this principle, the Takaful insurance realize the commands of Allah in the Qur'an and the Prophet Muhammad in al-Sunnah regarding the obligation not to notice its own sake alone but also must be concerned with other people or society.
2. Cooperate with each other or help each other, which means among participants takaful insurance with each other to work together and each other mutual assistance in overcoming the difficulties experienced because of the disaster suffered. As Allah in QS. al-Maidah ayat 2 which means:
"Work you in case-the case of virtue and piety, and do not cooperate in sin and contemplates the hostilities."
Hadith also discuss matters such as this, among which are:
"He who meet public needs (needs) brother, Allah will fulfill his need" (Bukhari, Muslim and Abu Daud).
"God always helps the servant while the servant is helping his brother" (Narrated by Ahmad and Abu Daud).
With this principle, the Takaful insurance realize the commands of Allah in the Qur'an and the Prophet Muhammad in al-Sunnah regarding the obligation to live together and help each other among fellow human beings.
3. Mutually protect each other suffering, which means that the takaful insurance participants will act as a protector for the other participants who had safety problems in the form of misfortune suffered. As Allah in QS. Quraish paragraph 4, which means:
"(Allah) who has provided food to eliminate the danger of famine and to save / securing them from danger fear."
Prophet's hadith. "Surely someone who is faithful who can provide safety and protection of property, body and soul of mankind." (Narrated by Ibn Majah)
That way, the takaful insurance to realize the command of Allah in the Qur'an and the Prophet Muhammad in al-Sunnah regarding the obligation to protect each other among fellow citizens.
Karnaen A. Perwataatmadja put forward the principles of takaful insurance the same, but he added one principle of the existing principle that the principle of avoiding the elements gharar, gambling and usury. So there are 4 principles of Islamic insurance are:
1. Mutual responsibility;
2. Cooperate with each other or help each other;
3. Mutually protect each other suffering; and
4. Avoiding gharar element, gambling and usury.
Some of the indicators and criteria that determine the insurance business in accordance sharia or not, that should certainly avoid the element gharar, gambling and usury.
1. Gharar (uncertainty) or uncertainty, there are two forms [9]:
a. Forms of Islamic contract that underlies the closure policy. Conventionally, a contract or agreement of life insurance can be categorized as an agreement or contract exchanges tabaduli the exchange with the sum assured premium payment. Literally in the exchange contract must be clear how many paid and how much they received. This situation becomes confused (gharar) because we know how that will be accepted (sum insured), but do not know how that will be paid (number of all premiums) because only God knows when someone will die. In the Islamic concept of this situation would be different because the contract is an agreement used takafuli or mutual help and mutual guarantee in which all participants of insurance be a helper / guarantors of each other.
b. Source of funding claims payments and the validity of the claim money syar'i receiver itself. In the concept of conventional insurance, the participants did not know where the funds provided coverage from insurance companies. Participants only know the amount of the payment of claims to be received. In the concept of takaful, since the beginning of each premium payment will be divided by two, into the account of the policyholder and one participant put into a special account to be intended tabarru 'or' charity to help other brother. In other words, the claims in the concept of takaful funds taken from the fund which is a collection tabarru charity funds from the participants.
2. Gambling (gambling / chancy), meaning there is fortunately one of the parties but on the other hand had a loss. The element is visible in the conventional insurance for the duration of the agreement if the participants do not experience natural disasters or accidents, then the participant is not entitled to anything, including the premium paid. Meanwhile, the advantage is obtained when the participants who had recently become a member (the amount of premiums paid less) to receive payment of funds a much larger claim. In the concept of takaful, if the participant does not have an accident or disaster during a participant, he remains entitled to the premiums paid unless the funds are put into the fund tabarru '.
3. The element of riba is reflected in the way of conventional insurance companies do business and invest where the collected premiums to lend funds on the basis of interest. The concept of takaful premiums collected funds invested with the principle of profit sharing that is mudaraba or musharaka.
Riba (interest) in the management of insurance premiums is not in accordance with basic principles of Islamic transactions as defined in the fatwa Indonesian Ulema Council (MUI) on December 16, 2003 which states that interest is included in the category of riba. Fatwa on usury interest is not a new discourse for Muslims, because previously the MUI has several times sparked discourse. The first fatwa issued in 1990, followed by the establishment of the first Islamic banks namely Bank Muamalat Indonesia, and the second in 2000 in which the National Islamic Council issued a fatwa that the application of interest contrary to Islamic sharia [10]. This is then followed by the National Sharia Board Fatwa No. 21/DSN-MUI/X/2001 of the General Insurance Code of Sharia.
Differences Shariah and Conventional Insurance
Compared to conventional insurance, Islamic insurance have fundamental differences in some of them are [11]:
1. The existence of the Sharia Supervisory Board in Islamic insurance company is a must. The Council is instrumental in overseeing the management, products and investment policies in order to keep in line with Islamic law.
2. Principles of Islamic insurance contract is takafuli (mutual assistance). That is one customer who help customers who were experiencing difficulties. While conventional insurance contract is tabaduli (sale and purchase between the customer and the company).
3. Funds collected from customers Islamic insurance companies (premiums) are invested according to sharia with sharing system (mudaraba). While in conventional insurance premium fund investments made in any sector, whether lawful or unlawful by the system of interest.
4. Premiums collected still treated as a customer's money. The company only as a fiduciary to manage it. While in conventional insurance, a company owned and perusahaanlah who hold full authority to establish the fund management policies.
5. For the purposes of claims payment customers, funds taken from account tabarru '(social funds) of all participants who diikhlaskan for the purposes of mutual help when there are affected. While in conventional insurance, the claim payment funds were taken from company accounts.
6. Investment profits divided between the customer as the owner of the funds with the company as manager, with the principle of profit sharing. While in conventional insurance, fully into the company's profits. If no claim of loss because customers do not get anything [12]. In addition, the National Islamic Council (DSN) as part of the Indonesian Ulema Council (MUI) in charge to develop the application of Islamic values in economic activity in general and in particular the financial sector, including business banking, insurance and mutual funds. Members DSN consists of the scholars, practitioners and experts in fields related to the economy and sharia muamalah. DSN members appointed by the MUI to 4-year term of office. DSN is the only body that has the authority to issue a fatwa on the types of activities, products and Islamic financial services and overseeing the implementation of the fatwa is meant by Islamic financial institutions in Indonesia. Members of DPS in an insurance company consists of experts in the field of sharia muamalah who have general knowledge of insurance.
In the performance of everyday tasks, DPS must follow the fatwa DSN which is the highest authority in issuing a fatwa on the suitability of insurance products to the provisions and principles of sharia. DPS to monitor the operational principles that are used, insurance products offered, as well as investments made by insurance management. Supervision is intended for what the insurance management did not exit corridor designated Islamic law. With the Sharia Supervisory Board, takaful insurance as a form of Islamic insurance will not be out of the teachings of true Islam.
dakwatuna.com - The main principle in Islamic insurance is ta'awanu 'alal birri wa al-taqwa (please-menolonglah you all the goodness and piety) and al-takmin (feel safe). This principle makes the members or participants of insurance as a large family with each other mutual guarantees and bear the risk. This is due to transactions made in the Takaful insurance is an agreement takafuli (bear one another), rather than contract tabaduli (exchange), which has been used by conventional insurance, the exchange with the sum assured premium payment.
The scholars and experts of Islamic economics argue that Islamic insurance or takaful insurance is established on three main principles, namely:
1. Mutual responsibility, which means takaful insurance participants have a sense of shared responsibility to assist and help the other participants of the unfortunate or loss with sincere intentions, because taking responsibility with a sincere intention is to worship. It can be noted from the hadiths of the Prophet. follows:
"The position of fraternal relations and the feelings of believers from one another as one body (bodies) when one of its members are not healthy, it will affect the entire body" (Narrated by Bukhari and Muslim).
"A believer to another believer (in a society) as a building where each section within the building confirmed that the other parts" (Narrated by Bukhari and Muslim).
"Each of you are the bearers of responsibility and each one of you responsible for those under your responsibility" (Narrated by Bukhari and Muslim).
"One is not considered to have faith that he loves his brother as he loves himself" (Narrated by Bukhari).
"Those who are not considered to believe that he loves his brother as he loves himself" (Narrated by Bukhari).
Sense of responsibility towards other people is the duty of every Muslim. Sense of responsibility is certainly born of mutual love, love, mutual help and to feel concerned togetherness to get together in realizing the prosperity of society who believe, self-restraint and harmony.
With this principle, the Takaful insurance realize the commands of Allah in the Qur'an and the Prophet Muhammad in al-Sunnah regarding the obligation not to notice its own sake alone but also must be concerned with other people or society.
2. Cooperate with each other or help each other, which means among participants takaful insurance with each other to work together and each other mutual assistance in overcoming the difficulties experienced because of the disaster suffered. As Allah in QS. al-Maidah ayat 2 which means:
"Work you in case-the case of virtue and piety, and do not cooperate in sin and contemplates the hostilities."
Hadith also discuss matters such as this, among which are:
"He who meet public needs (needs) brother, Allah will fulfill his need" (Bukhari, Muslim and Abu Daud).
"God always helps the servant while the servant is helping his brother" (Narrated by Ahmad and Abu Daud).
With this principle, the Takaful insurance realize the commands of Allah in the Qur'an and the Prophet Muhammad in al-Sunnah regarding the obligation to live together and help each other among fellow human beings.
3. Mutually protect each other suffering, which means that the takaful insurance participants will act as a protector for the other participants who had safety problems in the form of misfortune suffered. As Allah in QS. Quraish paragraph 4, which means:
"(Allah) who has provided food to eliminate the danger of famine and to save / securing them from danger fear."
Prophet's hadith. "Surely someone who is faithful who can provide safety and protection of property, body and soul of mankind." (Narrated by Ibn Majah)
That way, the takaful insurance to realize the command of Allah in the Qur'an and the Prophet Muhammad in al-Sunnah regarding the obligation to protect each other among fellow citizens.
Karnaen A. Perwataatmadja put forward the principles of takaful insurance the same, but he added one principle of the existing principle that the principle of avoiding the elements gharar, gambling and usury. So there are 4 principles of Islamic insurance are:
1. Mutual responsibility;
2. Cooperate with each other or help each other;
3. Mutually protect each other suffering; and
4. Avoiding gharar element, gambling and usury.
Some of the indicators and criteria that determine the insurance business in accordance sharia or not, that should certainly avoid the element gharar, gambling and usury.
1. Gharar (uncertainty) or uncertainty, there are two forms [9]:
a. Forms of Islamic contract that underlies the closure policy. Conventionally, a contract or agreement of life insurance can be categorized as an agreement or contract exchanges tabaduli the exchange with the sum assured premium payment. Literally in the exchange contract must be clear how many paid and how much they received. This situation becomes confused (gharar) because we know how that will be accepted (sum insured), but do not know how that will be paid (number of all premiums) because only God knows when someone will die. In the Islamic concept of this situation would be different because the contract is an agreement used takafuli or mutual help and mutual guarantee in which all participants of insurance be a helper / guarantors of each other.
b. Source of funding claims payments and the validity of the claim money syar'i receiver itself. In the concept of conventional insurance, the participants did not know where the funds provided coverage from insurance companies. Participants only know the amount of the payment of claims to be received. In the concept of takaful, since the beginning of each premium payment will be divided by two, into the account of the policyholder and one participant put into a special account to be intended tabarru 'or' charity to help other brother. In other words, the claims in the concept of takaful funds taken from the fund which is a collection tabarru charity funds from the participants.
2. Gambling (gambling / chancy), meaning there is fortunately one of the parties but on the other hand had a loss. The element is visible in the conventional insurance for the duration of the agreement if the participants do not experience natural disasters or accidents, then the participant is not entitled to anything, including the premium paid. Meanwhile, the advantage is obtained when the participants who had recently become a member (the amount of premiums paid less) to receive payment of funds a much larger claim. In the concept of takaful, if the participant does not have an accident or disaster during a participant, he remains entitled to the premiums paid unless the funds are put into the fund tabarru '.
3. The element of riba is reflected in the way of conventional insurance companies do business and invest where the collected premiums to lend funds on the basis of interest. The concept of takaful premiums collected funds invested with the principle of profit sharing that is mudaraba or musharaka.
Riba (interest) in the management of insurance premiums is not in accordance with basic principles of Islamic transactions as defined in the fatwa Indonesian Ulema Council (MUI) on December 16, 2003 which states that interest is included in the category of riba. Fatwa on usury interest is not a new discourse for Muslims, because previously the MUI has several times sparked discourse. The first fatwa issued in 1990, followed by the establishment of the first Islamic banks namely Bank Muamalat Indonesia, and the second in 2000 in which the National Islamic Council issued a fatwa that the application of interest contrary to Islamic sharia [10]. This is then followed by the National Sharia Board Fatwa No. 21/DSN-MUI/X/2001 of the General Insurance Code of Sharia.
Differences Shariah and Conventional Insurance
Compared to conventional insurance, Islamic insurance have fundamental differences in some of them are [11]:
1. The existence of the Sharia Supervisory Board in Islamic insurance company is a must. The Council is instrumental in overseeing the management, products and investment policies in order to keep in line with Islamic law.
2. Principles of Islamic insurance contract is takafuli (mutual assistance). That is one customer who help customers who were experiencing difficulties. While conventional insurance contract is tabaduli (sale and purchase between the customer and the company).
3. Funds collected from customers Islamic insurance companies (premiums) are invested according to sharia with sharing system (mudaraba). While in conventional insurance premium fund investments made in any sector, whether lawful or unlawful by the system of interest.
4. Premiums collected still treated as a customer's money. The company only as a fiduciary to manage it. While in conventional insurance, a company owned and perusahaanlah who hold full authority to establish the fund management policies.
5. For the purposes of claims payment customers, funds taken from account tabarru '(social funds) of all participants who diikhlaskan for the purposes of mutual help when there are affected. While in conventional insurance, the claim payment funds were taken from company accounts.
6. Investment profits divided between the customer as the owner of the funds with the company as manager, with the principle of profit sharing. While in conventional insurance, fully into the company's profits. If no claim of loss because customers do not get anything [12]. In addition, the National Islamic Council (DSN) as part of the Indonesian Ulema Council (MUI) in charge to develop the application of Islamic values in economic activity in general and in particular the financial sector, including business banking, insurance and mutual funds. Members DSN consists of the scholars, practitioners and experts in fields related to the economy and sharia muamalah. DSN members appointed by the MUI to 4-year term of office. DSN is the only body that has the authority to issue a fatwa on the types of activities, products and Islamic financial services and overseeing the implementation of the fatwa is meant by Islamic financial institutions in Indonesia. Members of DPS in an insurance company consists of experts in the field of sharia muamalah who have general knowledge of insurance.
In the performance of everyday tasks, DPS must follow the fatwa DSN which is the highest authority in issuing a fatwa on the suitability of insurance products to the provisions and principles of sharia. DPS to monitor the operational principles that are used, insurance products offered, as well as investments made by insurance management. Supervision is intended for what the insurance management did not exit corridor designated Islamic law. With the Sharia Supervisory Board, takaful insurance as a form of Islamic insurance will not be out of the teachings of true Islam.
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[9] Muhammad Shafi Antonio, Basic Principles of Takaful Insurance Operations in Indonesia's Islamic Arbitration, Arbitration Muamalat Indonesia, Jakarta, 1994, hlm.148
[10] Gemala Dewi, Legal Aspects of Banking and Insurance In Sharia in Indonesia, the Matter-3, Kencana Prenada Media Group, Jakarta, 2004, hlm103:
[11] Heri Sudarsono, Banks and Financial Institutions Syanah Description and Illustrations, Publisher Ekonisia, Yogyakarta, 2003, pp. 104
[12] Andie Ihsan Arqam, Takaful Insurance: Empowerment of the Ummah and Cultural Enlightenment, in the Events Calendar Takaful Insurance, Kopkar, 2001, p. 164, Muhammad Shakir Sula, Islamic Insurance (Life and General): Concepts and Operating Systems, Gema Humanities Press, Jakarta, 2004, p.. 326
[9] Muhammad Shafi Antonio, Basic Principles of Takaful Insurance Operations in Indonesia's Islamic Arbitration, Arbitration Muamalat Indonesia, Jakarta, 1994, hlm.148
[10] Gemala Dewi, Legal Aspects of Banking and Insurance In Sharia in Indonesia, the Matter-3, Kencana Prenada Media Group, Jakarta, 2004, hlm103:
[11] Heri Sudarsono, Banks and Financial Institutions Syanah Description and Illustrations, Publisher Ekonisia, Yogyakarta, 2003, pp. 104
[12] Andie Ihsan Arqam, Takaful Insurance: Empowerment of the Ummah and Cultural Enlightenment, in the Events Calendar Takaful Insurance, Kopkar, 2001, p. 164, Muhammad Shakir Sula, Islamic Insurance (Life and General): Concepts and Operating Systems, Gema Humanities Press, Jakarta, 2004, p.. 326
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