A. Abbas Salim gave the sense, that insurance is a willingness to establish small losses (small), which is definitely a (substitution) large losses that have not been sure.
From the above understanding to be concluded, that it's the same with people who are willing to pay a little loss in the present for-kerugain can face big losses that may occur in the future.
For example, in fire insurance insure one's house, factory or shop to the insurance company. The person must pay a premium to the insurance company. In the event of fire, the company will replace the losses caused by fire.
In Indonesia we know there are beramcam kinds of insurance and put forward as the example below, among them:
1. Insurance Scholarship
Insurance has a basic scholarship endowment. First-term coverage can be 5-20 years, adjusted for age and plan denagn school children, second, if the father (tetanggung) dies before the contract runs out, the coverage becomes free premium until the contract runs out the policy. But if the designated child died, then the alternative is to replace with other children, changing the contract to any other form, received money in cash, if her policy has been running three years more, or cancel the agreement (before three years there has been no cash price). Beasiswaa payments begin, when the contract has run out.
2. Insurance Dwiguna
Insurance can be taken within Dwiguna 10-15-25-30 years and have two in order to:
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Protection for your family, if the insured dies within the period tertanggungan.
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Savings to the insured, if the insured remains alive at the end of the period of coverage.
3. Asuransai Soul
Life insurance is insurance that aims to bear the person against financial losses caused by unexpected people died too fast or his life too long. So there are two things that the goal of this life insurance, which guarantees the child's life or family, if the policyholder dies or to meet his or her family, if he was destined to go after the contract period ends.
4. Fire insurance
Fire insurance aims to replace losses caused by fire. In this case the company ensures that occur due to fire risk. Therefore need to be made a contract (agreement) between the policyholder (the buyer of insurance) with an insurance company.
The agreement was made in such a way, that the two sides do not feel disadvantaged.
Thus among the kinds of insurance that we know in Indonesia. If we look at goal from all kinds of insurance was then, in principle, the insurance company concerned about the future of family life, including education and retirement. Likewise, insurance companies also think and try to minimize losses that may arise as a result there is a risk in conducting business activities both on a personal or corporate interests.
Insurance in Islamic Law Perspective
Given this insurance issue has been memasyarakt in Indonesia and in the estimate of Muslims a lot involved in it, it should also be seen from the viewpoint of Islam.
Among Muslims there is the assumption that insurance is not Islamic. People who do insurance as well as those who deny God's grace. It is Allah who determines all-everything and give sustenance to His creatures, as the word of Allah SWT, which means: "And there is no moving creature on earth mealinkan Allah Who gives sustenance." (Q. S. Hud: 6)
"... ... And who (also) that gives sustenance to you from the heavens and the earth? Is no God besides Allah (who else)? ... ..." (Q. S. An-Naml: 64)
"And we have made for you earth-keprluan living purposes, and (we created anyway) creatures that you occasionally not giving sustenance to him." (Q. S. Al-Hijr: 20)
From the third verse can be understood that God really has prepared everything for the purposes of all His creatures, including humans as a Caliph on earth. God has been preparing raw materials, rather than mature material. Man still needs to cultivate it, seek it and mengikhtiarkannya.
People who involve themselves into this insurance, is one effort to mengahdapi future and old age. However, due to insurance problems are not explicitly described in texts, then the problem is seen as a problem ijtihadi, that is difficult issues and differences of opinion and differences of opinion are inevitable, should also be appreciated.
Disagreement was seen in the following description:
1. Insurance is forbidden in all kinds of forms, including life insurance
This opinion was expressed by Sayyid Sabiq, Abdullah al-Qalqii (mufti of Jordan), Yusuf Qaradawi and Muhammad al-Muth'i Grabber (the mufti of Egypt ").
The excuses they put forward are: a. Insurance similar to gambling b. Insurance ungur contain uncertain elements. c. Insurance contain elements of usury / renten. d. Asurnsi contain elements of extortion, because the policyholder, if it can not continue to pay premiums, will lose the premium has been paid or less. e. Premiums already paid will be played in the practice of usury. f. Insurance including the sale and purchase or exchange of currency is not cash. g. Life and death of human being the object of business, and just as with destiny ahead of God.
2. Insurance in practice as it is now allowed in
The opinion was expressed by Abd sovereignty. Wahab Khalaf, Akhmad Mustafa Zarqa (professor at the faculty of Sharia Islamic Law University of Syria), Muhammad Yusuf Musa (Isalm law professor at Cairo University Egypt), and Abd. Rakhman Isa (author of the book of al-Muamallha wa al-Haditsah Ahkamuha). They reasoned: a. There are no texts (the Qur'an and Sunnah) which prohibits insurance. b. There is a consensus and the willingness of both parties. c. Mutually beneficial to both parties. d. Insurance can overcome the public interest, because the premiums are collected can be invested for productive projects and development. e. Insurance included mudhrabah contract (profit sharing) f. Include insurance cooperatives (shirkah Ta'awuniyah). g. Insurance in the analogy (qiyaskan) with the pension system as Taspen.
3. Insurance that are social in nature allowed and forbidden commercial
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The third opinion is adopted, among others, by Mohammad Abdu Zahrah (professor of Islamic law at Cairo University.)
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The reason for this third group the same as the first group in the commercial insurance (haram) and the same by reason of the second group, in which are social insurance (allowed). A
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weld groups who say the insurance is doubtful because there is no firm proof that haraam haram or not insurance.
From the above description can be understood, that the insurance problems that develop in society at present, there are those who question and invite skepticism, so it is difficult to determine, which are the closest to the provisions of the law is right.
Had no other way that can be taken, of course that's a reasonable path to follow. New alternative road has to offer, is insurance under the terms of the Islamic religion.
In this state, should adhere to the words of the Prophet Muhammad SAW:
"Leave the things you doubt (stick) to use within those things do not doubt you." (Narrated by Ahmad)
Insurance according to the teachings of Islam that has begun to be encouraged in our society in Indonesia, just as insurance that has been around for this in PT. Asuransi Bumi Putera, BNI Life Insurance, and other insurance. That stuff works the same but different sisitem namely the system mudaraba (profit sharing).
We see in the Takaful insurance based on Shariah, there are several kinds, including:
1.
Fire Takaful
Fire Takaful insurance provides protection tehadap property such as shops, industrial, office and others from losses caused by fire, falling aircraft, explosion of gas and lightning strikes.
2.
Takaful of transportation of goods
This form of insurance provides protection against losses on property that are in transit because there is a risk that caused the unfortunate pengankutannya tool or an accident.
3.
Family takaful
Insurance is included in it my family takaful, takaful plan, finance, futures, education, healthcare, tourism and takaful and Umrah pilgrimage.
Funds collected from the participant, are invested according to Islamic principles. Then the results obtained by means mudaraba, divided for all participants (policyholders) and for the company. For example 40% for participants and 60% for the company.
As mentioned above, that kind of conventional suransi tantamount to insurance based on sharia. But there are fundamental differences in the implementation of profit sharing (Mudharabah) Insurance based on sharia and not so in conventional insurance.
Besides, there is yet another reason that needs to be a material consideration, particularly by groups (scholars) who menghramkan conventional insurance, is caused by three things:
1. Gharar (uncertainty)
In conventional insurance is gharar (uncertainty), because it is not clear that the underlying contract. Does the contract Tabaduli (sale and purchase) or contract Takafuli (please help). For example just in case there is a claim, such as insurance taken ten years and payment of premium (Rp 1.500.000, - per year. Then in the 5th year after his death, the coverage provided by Rp. 15,000,000 .-. The This means, that money is USD. 7.500.000, - (premium payment of Rp. 7,500,000,-as long as five years) it is gharar, and it's unclear where it came from. Unlike the takaful insurance, that since the beginning of the policy is opened, it was intended 95% premium to the savings and 5% intended to tabarru (charity / donations).
If there is a claim in the fifth year, it and the IDR. 7.500.000, - it is not gharar, but clearly the source, namely from the latest collection fund / charity.
2. Gambling (gambling or gambling)
Clear about its legal gambling, which is forbidden as the letter says about God in al-Maidah: 90.
In conventional insurance, gambling arises because of two things:
a. Had someone entered a premium, there is just possible that he stopped for some reason. If the stop street before reaching the refreshing pheriod, he could receive his money back (usually 2-3 years) and the numbers are approximately 20% and the money will be forfeited. In circumstances like these there are elements of his gambling.
b. Had the calculation of death is appropriate, and determine the exact number of policies that also, then pearusahaan will make money. But if wrong in the calculation, then the company will lose money. So clearly here the element of gambling (chance).
In takaful insurance is different, because the recipient policy before reaching the refreshing period, though, when he took the funds (because seasuatu case), then it is in allow. The insurance company is as a fiduciary. In fact, there is an excess kalu / profit, then the holder polispun there to receive it.
3. Riba (rents)
In conventional insurance also occur usury, because the funds invested (rotated). Sedangakn problem of usury (rents) disputed by scholars. There mengharamkannnya scholars, some allow it and those that say doubtful. The path taken by the Takaful insurance is a way mudhrabah (for results). Thus, there is no riba (rents) in asurasni takaful.
For Takaful insurance based on Islamic sharia to running and growing in our society in Indonesia, then it is necessary dimasyarakatakan takaful insurance and its management should be undertaken with a nice and neat, earning the trust of the public. Society really want real proof of an idea, want to get assurance, calmness during the still life and also want to guarantee to children derivatives after death.
If the Takaful insurance based on Islamic sharia already realizing the will of the members of the community, the people who love to wallow in things doubtful and faced with a contradictory legal provisions, will be reduced.
Source: Masail Fiqhiyah; Zakat, Tax, Insurance and Financial Institutions, M Ali Hasan
http://santrichannel.blogspot.com/2007/11/asuransi-dalam-islam.html
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