From this description it is evident that in the insurance agreement that there are elements:
1. The form and amount of collateral that will be given the insurance company.
2. Danger or calamity that occurred.
3. Or installment payments paid by the customer.
INSURANCE HISTORY
Insurance first appeared in the form of travel insurance in the ocean that appears in the 14th century AD. However, this insurance has historical roots since before Christ, in that someone lend a wealth of usury for the ship to be sailing, if the ship was destroyed, then the loan is lost. If the ship survived, then the loan would be returned with usury (additional) agreed. The ship was pledged as collateral while the loan repayments and ribanya.
Thus the origin of an insurance company which is a treaty that is usury, based on the elements of gambling and facing danger. Insurance stays like this, as shown first.
Then came the insurance on the mainland among the British in the 17th Century AD. Form of insurance, which first appeared is fire insurance. This comes after a great fire incident in London in 1666 AD. More than 13 thousand houses and about 100 churches are victims of fire. Then the fire insurance is spreading in many countries outside the UK in the 18th century AD, especially in Germany, France and the United States. Then the spread of insurance and increased type-type, especially in the 20th century AD.
TYPES OF INSURANCE
Judging from the shape and purpose, there are two types of insurance:
1) At-Ta'miin at-Tijaariy
Insurance aimed at making profit, or used as insurance business, insurance has a definite installment. This installment automatically become the property insurance company in lieu of payment of his liability in case of disaster, or what was agreed. If the number of payments from the company's bigger than money installment, then it is borne by the company, and a loss. If no disaster occurs, then the installment belonged to the company without any compensation. And this is an advantage. This is insurance that dibacarakan here. And this is forbidden because it is speculation that harm either party.
2) At-Ta'miin at-Ta'aawuniy
Or also called at-Ta'miin at-Tabaaduliy or at-Ta'miin al-Islamiy. Ie insurance or insurance mutual assistance in accordance with Islam. It does not aim for profit, but only in the form of helping to bear hardship. For example: a group of people together to raise money, with this money they help people affected by disasters. Islamic insurance company, did not automatically have the money installments from the customer. Similarly, money paid in the event of accident does not belong to the company, but the commons. This company is just saving, develop, and provide assistance.
In addition there are other types of insurance, namely:
3) At-Ta'miin al-Ijtima'iy (social security)
It is also not for profit, and not the special insurance on someone who is worried about a particular disaster. But it aims to help people, who probably could amount millions of people. As performed by the countries of its employees, which is known as pension regulations. That is by cutting the monthly salary by a certain percentage, and when it has until retirement, the money is given monthly pension in the form of salary, or given severance pay as well as to help their lives. Even this type are actually not including insurance. This is not why, as long as it is not stored in the bank that runs the usury.
Macam-Macam Tijari Insurance
At-at-Tijaariy Ta'miin, for-profit insurance is very much macanya, among others:
1) Accident Insurance
This type of insurance carried on the treasures held, such as theft insurance, fire insurance, and such. Also performed on account of customers, such as vehicle accident insurance, accident insurance, and such.
2) Personal Insurance
That is the insurance of the hazards associated with the man himself, on the side of life, health, or safety. This includes life insurance and accident insurance from the calamities that befall-body.
3) Life Insurance
That is the agreement that requires insurance companies to give some money to customers or to third person, in exchange for installment-payment scheme is given, when the death of the customer, or keep his client until a certain age. This is there are several kinds:
Insurance for State Death
That is given a sum of money at the time of death of customers. There are 3 kinds:
a) For Life Insurance
Namely the insurance company gave some money to people who were insured at the time of death of people who pay insurance (customer). If the insurance for a certain period, such as 20 years for example, and customers were dead before the passing of 20 years, the fall installment, and those who are insured are entitled to the amount of insurance money in full. This means losses for the company. And if customers were still alive over 20 years, the installments are stopped, but the insurance money is not given to people who diansuransikan except after the death of the customer.
b) Insurance During Certain Time
Ie customers pay insurance installments, and the company will pay some insurance money for people who diansuransikan if the customer dies within the time gap insurance. If the client is still alive through the time gap insurance, so he paid ansuran had disappeared, and the company took the money without any benefits. This type of insurance is very clear element of perjudiannya.
c) During His life Insurance Insured People
Namely the insurance company gave some money to people who are insured, if he were alive after the death of people who pay insurance (customer). But if people who diansuransikan die before people who pay insurance (customer), then the insurance stops, and the treasures that had been deposited by a customer is lost. This type of insurance is also very clear element of perjudiannya.
Permanent Life Insurance for the State
That is still his customers, is the reverse of the form 1. a. Ie customers pay a certain amount of money insurance to insurance companies, and the company also will pay a certain amount of money as well-the more-at the time specified, if the customer was still alive until that time. But if the customer dies before the time set, then the insurance stops, and the treasures that had been deposited by a customer is lost. And heirs can not use it. This type of insurance is also very clear element of perjudiannya.
Combined Insurance
The incorporation of the above two types of insurance. The insurance company guarantees payment of insurance money to people who are insured, if the customer dies at specified intervals, or pay to the customer if he is still alive after the completion of insurance period. Therefore angsuransi installment of this type is larger than the two previous types.
Disaster-Disaster Insurance From the Overwrite Agency
Ie insurance companies guarantee payment of insurance money to people who are insured, if something bad happens to customers relating to their bodies, during the period of insurance. Or given to a particular person, if the customers who follow the insurance death. Health insurance including this type, and sometimes health insurance covers all types of diseases, or certain body disease, illness or surgery, or some disease. And the document determines the type of hazard insurance transactions that are insured and it is getting from the insurance company.
INSURANCE LAW
Tijari insurance (which is a business for profit) with all types is haraam, because:
1. Insurance agreement is a replacement property agreements that contain uncertainties and include the danger that very much.
Abu Hurayrah said:
نهى رسول الله صلى الله عليه وسلم عن بيع الحصاة وعن بيع الغرر
"Prophet sallallaahu 'alaihi wa sallam forbade trading with gravel and trading gharar." (Narrated by Muslim, no. 1513)
Offers to buy the gravel, as a seller says "I sell cloth exposed gravel that I throw." Or "I sell this land from here until the distance the pebble that I threw." Or something that is not clear.
Who's buying and selling buying and selling gharar ie containing obscurity, intrigue, and unable to deliver the goods, such as selling fish in the pond, sell birds that fly through the air, and the like. (See Muslim Syarh work of Imam Nawawi)
2. Insurance included type of gambling. Because of him there is danger of loss in the exchange of property, loss by without doing evil or the cause, and profits with no benefits or with benefits that are not commensurate. Because the new deposit insurance clients sometimes once installments, then an accident, so the insurance company suffered a loss of insurance money. Or not an accident, so the insurance companies benefit-payment installment insurance with no benefits. Thus insurance included in the prohibition of gambling in the Word of God:
يا أيها الذين آمنوا إنما الخمر والميسر والأنصاب والأزلام رجس من عمل الشيطان فاجتنبوه لعلكم تفلحون
"O ye who believe, in fact (drinking) alcohol, gambling, (sacrificing to) idols, gambled the fate with an arrow, is included devil deeds. So shun acts that so that you get lucky. "(Surah al-Maidah / 5: 90)
3. Insurance agreement containing usury. Because profits are found by the company without compensation, while the customer benefits are in addition to property that is not just compensation. And the prohibition of usury in Islam is very hard. Allah says:
يا أيها الذين آمنوا اتقوا الله وذروا ما بقي من الربا إن كنتم مؤمنينفإن لم تفعلوا فأذنوا بحرب من الله ورسوله وإن تبتم فلكم رءوس أموالكملا تظلمون ولا تظلمون
"If you do not do (leaving the rest of usury), then know that Allah and His Messenger will memerangimu. And if you repent (from taking usury), then you staple your treasure, you are not persecuted and did not (also) be persecuted. "(Surah al-Baqarah / 2: 278-279)
4. Insurance is a race that is haraam, because it contains obscurity, danger of loss, and gambling. And Islamic law does not allow race winner taking property except that it contained a defense and victory for Islam to elevate Islam with hujjah or with weapons. And the Prophet sallallaahu 'alaihi wa sallam has limited the race that the winner took the wages of three kinds:
لا سبق إلا في خف أو في حافر أو نصل
"They should not take the prize possessions except in the camel race, horse, or arrows." (Narrated by Abu Dawood, no. 2574; Tirmidhi, no. 1700)
That should not take property with race except in one of the three cases above. Because the three-and-semaknanya including preparation of war and jihad against the enemy forces. And give a gift to him is the impulse to jihad. (See Tuhfatul Ahawadzi)
5. Insurance agreement, in it contains taking someone else's property without compensation, this is a falsehood. Allah Ta'ala says:
يا أيها الذين آمنوا لا تأكلوا أموالكم بينكم بالباطل إلا أن تكون تجارة عن تراض منكم ولا تقتلوا أنفسكم إن الله كان بكم رحيما
"O ye who believe, do not eat each other neighbor's property by way of vanity, except with the prevailing commercial street with the same love-love among you." (Surah An-Nisa '/ 4: 29)
6. Insurance agreement requires something that is not required by the Shari'ah. Because insurance companies do not make the accident and not doing things that cause accidents, but he is obliged to pay claims. This is because agreements with customers to ensure hazard in case of installment payments in exchange for the customer.
Based on this information, so many fatwas of the scholars who forbid tijari with all types of insurance. From this description it appears that the many outstanding insurance, conducted as a business for profit, including cases that are prohibited in the Shari'ah. The insurance is allowed is at-Ta'miin at Ta'aawuniy (insurance mutual aid) as described above. And Allaah knows best.
[This paper is condensed from the book of Al-Qadhaayaa Mausuu'ah Al-Fiqhiyyah al-Mu'aashirah wal Iqtishaad Al-Islami, by Shaykh Prof.. Dr. Ali Ahmad As-Saaluus, ustadz Fiqh and Shari'ah kuliyah Ushuul at Univ. Qathar, pp 363-395, publisher: Dar Ats-Tsaqafah Qathar; and some additions from other references]
Source: http://ekonomisyariat.com/fikih-ekonomi-syariat/menyoal-asuransi-dalam-islam.html
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