By: Dr. Setiawan Budi Utomo
dakwatuna.com - Under sharia laws muamalah (business transactions) is open, meaning that Allah Almighty in the Qur'an only gives the rules that are outline only. The rest is open to scholars mujtahid to develop it through his ideas do not conflict with the Qur'an and Hadith. Al-Quran and Hadith do not actually mention what and how the insurance. But that does not mean that insurance is haraam, because it contains the substance of Islamic law in Islamic insurance as an operational base Islamic insurance.
The essence of Islamic insurance is a mutual responsibility, work together or help-help and mutual suffering to each other. Therefore, an insured is allowed by sharia, because the basic principles of sharia to invite to every thing that resulted closeness to the fabric of our fellow human beings and what their disaster relief as the word of Allah SWT. in Al-Quran surah Al-Maidah paragraph 2, which means: O ye who believe! Violate not the sanctity of the symbols of God, nor of the Sacred Month, nor of the animals brought for sacrifice, nor the garlands that mark out such animals, nor the people resorting to the sacred house, seeking of the bounty and good pleasure of their Lord. But when ye are clear of the Sacred Precincts and of pilgrim garb, ye may hunt and let not the hatred of some people in (once) shutting you out of the Sacred Mosque lead you to transgression (and hostility on your part). Help ye one another in righteousness and piety, but help ye not one another in sin and rancour: fear God: for God is strict in punishment.
Islamic insurance principle that emphasizes the spirit of togetherness and mutual help (ta'awun). The spirit of Islamic insurance community wants the establishment of an independent vertical to the principle of mutual help and support each other, because every Muslim against another Muslim as a building is mutually beneficial to some other part. In the insurance model is no act of eating human treasure with vanity (aklu amwalinnas bilbathil), because what is given is solely alms collected from the property. In addition, the existence of Islamic insurance will bring progress and prosperity to the people's economy.
In conducting its business, insurance and reinsurance companies sharia hold on guidelines issued by the National Islamic Council of Indonesian Ulama Council (DSN-MUI), ie Fatwa DSN-MUI No. 21/DSN-MUI/X/2001 Insurance General Guidelines in addition to Sharia Fatwa DSN-MUI of the most recent relating to the contract agreement No.51/DSN-MUI/III/2006 Fatwa Islamic insurance is about Akad Mudharabah Musytarakah on Sharia Insurance , Fatwa No.. 52/DSN-MUI/III/2006 about Wakalah Contract Insurance bil ujrah on Sharia, Fatwa No.. 53/DSN-MUI/III/2006 about Akad tabarru 'at Sharia Insurance.
Legislation that has been released by government relating to Islamic insurance are:
1. Decree of the Minister of Finance of the Republic of Indonesia Number 426 / KMK.06/2003 concerning Business Licenses and Institutional Insurance Company and Reinsurance. These regulations can be relied upon to establish Islamic insurance as set forth in Article 3 which states that "Each party may conduct the business of insurance or reinsurance business based on sharia principles ..." The provisions relating to Islamic insurance set forth in Article 3-4 of the requirements and procedures licensed insurance companies and reinsurance companies with Islamic principles, Article 32 of the opening of branch offices with Islamic principles of insurance companies and conventional reinsurance companies, and Article 33 regarding the opening of branch offices with Islamic principles of insurance companies and reinsurance companies with Islamic principles.
2. Decree of the Minister of Finance of the Republic of Indonesia Number 424 / KMK.06/2003 of Corporate Finance Health Insurance and Reinsurance Company. Provisions relating to Islamic insurance set forth in Article 15-18 of the admitted assets must be owned and controlled by insurance companies and reinsurance companies with Islamic principles.
3. Director General of Financial Institutions Decree No. Kep. 4499 / LK/2000 about Type, Rating and Investment Restrictions Insurance Company and Reinsurance Company by Sharia System.
In the concept of sharia (law) of Islam there is a terminology that distinguishes the human relationship with God (hablum minallah) on one side and man's relationship with his neighbor (hablum minannaas) and environment (natural minal hablum) on the other side [1]. The laws that govern man's relationship with God such worship as is to be limitedly means is not possible for humans to develop it.
While the laws governing human relations with other human beings and the natural environment around it is to be open, meaning that Allah Almighty in the Qur'an only gives the rules that are outline only. The rest is open to the mujtahid scholars to develop through his thinking. Field of economic life including the insurance business, classified in the laws governing human relations with his neighbor who called the law muamalah, therefore, be open in its development.
The word comes from Dutch insurance assurantie (insurance) which, in Dutch law called and verzekering which means the coverage. In English, called insurance guarantee insurance insurance also means, that in the Indonesian language has become a popular language and was adopted in the Great Dictionary of Indonesian with the equivalent word "coverage". When referring to the Arabic, equivalent word Insurance is تأمين (ta'min).
The definition of insurance in the context of insurance business according to sharia or Islamic insurance in general is not really much different from conventional insurance. In between the two, both conventional and Islamic insurance insurance have in common that insurance companies serve only as a facilitator and intermediary structural relationship between the participants purveyor of premium (the insurer), with participants receiving payment of the claim (the insured). In general, Islamic insurance or takaful often termed can be described as the operational principle of insurance is based on Islamic law with reference to the Qur'an and As-Sunnah [2].
In insurance terms translate into the context of Islamic insurance there are several terms, including takaful (Arabic), ta'min (Arabic) and Islamic insurance (English). These terms are not basically different from each other which implies coverage or bear one another. However, in practice the term most popularly used as another term for insurance and also the most widely used in several countries including Indonesia is the term takaful. Takaful term was first used by Dar Al Mal Al Islami, an Islamic insurance company in Geneva that was established in 1983.
Takaful in Arabic term derived from the basic word-yakfulu kafala-takafala yatakafalu-Takaful-meaning bear or a bear with one another. The word takaful is not found in the Qur'an, however there are some words that seakar with the word takaful, such as in the QS. Taha (20): 40 "... it adullukum 'ala man yakfuluhu ...". Which means that "... may I show you one who will maintain it (bear)? ..."
If we enter into the field takaful insurance muamalah life, the takaful in the sense muamalah implies that each bear the risk among fellow human beings, so in between each other to be the insurer of the risks of each. Thus, the idea of takaful insurance associated with each element of risk among the participants of insurance, in which participants become the insurer of the other participants.
Corporate risk-bearing is made on the basis of mutual help to each other together in a good way to spend each intended to bear that risk [3]. Takaful insurance company is only acting as a facilitator and mediator processes bear one another among the participants of insurance. This is the one that distinguishes between Takaful insurance with conventional insurance, where the conventional insurance happens to bear one another between an insurance company with insurance participants.
Development of Shari'a Insurance
Insurance institutions as known today is actually not known in the early period of Islam, as a result many Islamic literature to conclude a priori that insurance can not be viewed as a lawful practice. Although it is clear about this insurance agency is not known at the early period of Islam, but there is some activity from the time of the Prophet's life that lead to insurance principles. For example, the concept of shared responsibility with a system called 'Aqilah. The system has been developed in the Arab society before the birth of Prophet Muhammad Later in the time of the Prophet Muhammad or in the early period of Islam practiced in the system between the immigrants and the Ansar. System 'is a system Aqilah bring together extended family members to contribute in a joint savings account, known as "Kanz". Savings aims to provide relief to the families of those killed by accident and to free slave.
The emergence of Islamic insurance business can not be separated from the presence of conventional insurance companies which have existed for a long time. Before the establishment of Islamic insurance business, there are various kinds of conventional insurance companies which have long been developed. If the terms of engagement of Islamic law is haraam conventional insurance. This is because in conventional insurance operations contain elements of gharar (uncertainty), maysir (speculation / gambling) and riba (interest). This opinion was agreed by many world renowned scholars such as Yusuf al-Qaradawi, Sabiq Sayyid Abdullah al-Qalqili, Muhammad al-Muth'i grabber, Abdul Wahab Khalaf, Muhammad Yusuf Musa, Isa Abd, Mustafa Ahmad Zarqa, and Muhammad Nejatullah Siddiqi. However, for reasons of public interest benefit or some of them allow for a while there is no suitable alternative to conventional insurance operation of sharia [4].
In Malaysia, the statement that conventional insurance is haraam announced on June 15, 1972 in which a unit of Malaysian Fatwa Authority decreed that the life insurance practice in Malaysia according to Islamic law is forbidden. In addition Small Malaysia Jawatan Counsel in his paper entitled "The Direction of Insurans In Islamic in Malaysia" states that today's insurance follows the West and how the management of some operations are not in accordance with the teachings of Islam [5].
In the framework of long-term economic development people, Muslim societies need to consistently apply the principles of Islamic commercial based texts (the texts of religious arguments) a clear or opinions of the experts of Islamic economics. For that insurance business is based on sharia principles of Islamic economic institutions that can bring Muslims towards prosperity should be realized and is a necessity.
Based on the premise that conventional insurance law is haram, then later formulated in the form of insurance to avoid a third element of Islam is forbidden on the gharar, gambling and usury. Based on the analysis of the law (sharia), Islam can be concluded that in Islamic teachings contained the substance of insurance. Insurance contained in the substance of Islamic law was to avoid the operational principle of the element gharar insurance, gambling and usury.
With the confidence of Muslims in the world and Leaves profits obtained through the concept of Islamic insurance, was born the various insurance companies that run the insurance business based on sharia principles. Companies that realize this is not the only Islamic insurance company owned by Muslims, but also various companies owned by non-Muslims and there is a conventional-based parent company, joined the business plunge provides Islamic insurance services by opening branch offices and divisions of sharia.
Along with over time and ijtihad of Islamic economic observer continuously, eventually they came to a concept that can be agreed by both parties as well as a reference in the world of Islamic insurance. The concept was popular with the name of the mutual insurance, cooperation (ta'awuni), or takmin ta'awuni. The concept of insurance is a recommendation fatwa Ta'awuni Islamic Economic Conference is convened for the first time in 1976 AD in Mecca. Participants nearly 200 people from among the clergy. Then strengthened again in the trial Majma 'Fiqh Islami' Experience (Institute for World Fiqh) on December 21, 1985 in Jeddah which decided pengharaman Commerce Insurance Types (Commercial). Majma 'Fiqh as well as scholarly consensus' requires the operation of insurance business the same type of work (ta'awuni) as an alternative to replace conventional types of insurance as well as calling on Muslims the world use ta'awuni insurance [6]. In order to follow the fatwa and the needs of the people against the insurance based on Islamic law, the decade of the 70s in some Islamic countries or in countries with Muslim majority emerging operational principle of insurance which refers to the Islamic values and avoid the third element of the forbidden Islam. In 1979 Faisal Islamic Bank of Sudan initiated the establishment of Islamic sharia Insurance Co.. Ltd. in Sudan and the Islamic Insurance Co.. Ltd. in Saudi Arabia. The success of Islamic insurance is then followed by the establishment of Dar al-Maal al-Islami in Geneva, Switzerland and Takaful Islami in Luxembourg, the Bahamas Bahamas Islamic Takaful and al-Islami al-Takaful in Bahrain in 1983. In Malaysia, Sarekat Alone Takaful Berhad was incorporated in 1984 [7]. Subsequently followed by other countries such as Bahrain, UAE, Brunei, Singapore, and Indonesia.
In Indonesia, new Takaful Insurance emerged in 1994 in line with the inauguration of PT Sarekat Takaful Indonesia, which then set up 2 subsidiaries namely PT Asuransi Takaful Family in 1994 and General Takaful Insurance Co. in 1995. The idea and thought the establishment of sharia-based insurance actually already appeared three years before the establishment of takaful and getting stronger after the introduction of Bank Muamalat Indonesia in 1991. With the operation of Islamic banks felt the need for the presence of syariah-based insurance services as well. Based on that idea Institute All Indonesian Muslim Intellectuals (ICMI) on July 27, 1993 through Yayasan Abdi Bangsa with Bank Muamalat Indonesia (BMI) and the Tugu Mandiri insurance company agreed to initiate the establishment of Takaful insurance [8].
Currently insurance companies that really fully operate as Islamic insurance company there are three, namely the Family Takaful Insurance, Insurance General Takaful and Insurance Mubarakah. In addition there are several conventional insurance companies to open branches in them such as Prudential Islamic Sharia, MAA, Great Eastern, Tripakarta, Banyan Life, Bumiputra, Dharmala, and Jasindo.
- to be continued -
Fotnotes :
[1] See Mohammad Daud Ali, Islamic Law Introduction to Legal Studies and Administration of Islamic Law in Indonesia, cet. 7, PT RajaGrafmdo Persada, Jakarta, 1999, pp. 31
[2] H. A. Djajuli and Yadi Janwari, Perekonamian Institutions Ummah (An Introduction), PT RajaGrafindo Persada, Jakarta, 2002, pp. 120.
[3] Rahman Hussein, Takaful Insurance Overview of Islam and Economic Insights, Institute for Publishers FE-UI, Jakarta, 1997, pp. 234.
[4] Jafril Khalil, Islamic Insurance in Economic Perspective: A Review, Journal of Business Law Volume 22, Number 2 Year 2003, pp. 46.
[5] A. Karnaen Perwataatmadja, Membumikan Islam in Indonesian Economy, Business We, Depok, 1996, pp. 230.
[6] Wabbah az-Zuhaili, Al-Fiqh al-Islami wa Adillatuhu, Darul Fikr, Damascus, 1984, pp. 5 / 3423
[7] M. Abdul Mannan, Islamic Economics Theory and Practice (Islamic Economics, Theory and Practice), Translated by M. Nastangin, PT Bhakti Funds, Endowments, Yogyakarta, 1997, pp. 305.
[9] Training & Development Department, Basic Training Module 2002, the Training & Development Department Takaful Islamic Insurance, Jakarta, 2002, pp. 20.
Sumber: dakwatuna.com
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