Insurance By Islam

A. Definition
According to article 246 Watboek zan Koophandel (Book Trade Act) that the insurance is a dimaksuddengan where persetuan borrowing parties to the promises that are guaranteed to receive premium money as peganti losses, which may be suffered by the guaranteed since the effects of a events that will happen is unclear.
According to Mohd Fuad. Fachruddin is the insurance is a contract-fortune. Previously he explained the definition of insurance according to the Book trade Law Article 246.


B. Macam-Macam Insurance
Insurance available in the countries in this world is mixed. This happens because the various things that are insured. For clarity, the following kinds of insurance.

a. Mutual insurance
mutual insurance purposes are a few people give a certain fee is collected with the intention relieve or release the burden of one of them as an accident. If the money has been collected, withheld iura new again in preparation for the next, and so on.

b. Trade Insurance
commercial insurance is the same boat a few people who agree dala a shared responsibility to bear the losses that had befallen one of their members. Apababila adverse accidents occur one group member who has promised that all those who joined in the agreement bear the burden of losses tersdebut was picked up by charity (contributions) that have been determined on the basis of cooperation to alleviate semasyarakat friend.

c. Government Insurance
government is the guarantee insurance payments for damages to anyone who is suffering at a time when the occurrence of an event that merugiakan without considering the benefits, even the government menaggung existing deficiencies because the money collected as fees and insurance is less than the price of the loss payment must be given to the patient's loss diwatu occurred. Government insurance oblligator done or coercion and conducted by agencies that have been determined for each purpose.

d. Life insurance
The purpose of life insurance is insurance for the souls of those who underwrite the soul of other people, underwriter (asurador) promised to pay some money to the person named in the policy if the guaranty (the bear) or died after passing a certain period.

e. Hazard insurance on Body befalling
hazard insurance on the insurance against loss by certain circumstances in life insurance for the damage a person's self-destruction, such as insurance eye, ear insurance, insurance arms, or insurance for specific diseases. Insurance is mostly done by industrial workers who face a variety of accidents in meninaikan task.

f. Insurance Against Liability dangers of civil
The purpose of insurance against the dangers of civil liability insurance which is held against the objects, such as home insurance, business, cars, aircraft, ships, motors, and others. In the RPA dipaksaan insurance on the car.

C. Opinions Ulama on Insurance
Insurance problems in the view of Islamic teachings, including the problem ijtihadiyah, legal means need to be studied as deeply as possible because it does not explain leh Al-Qur'an and Sunnah explicitly. Mujtahid imams such as Abu Hanifa, Imam Malik, Imam Shafi'i, Imam Ahmad ibn Hanbal and the mujtahid who during her does not give legal opinions about the insurance because the insurance at the time was unknown. New insurance system known in the East in the nineteenth century AD. Western world are familiar with this insurance system since the XIV century AD, while the great mujtahid scholars living in around the second century AD sd IX.
Among Muslim scholars or scholars of the four opinions on the law of insurance, namely:
a. prohibited the insurance of all kinds and shapes, as now, including life insurance, among others klmpok include Sayyid Sabiq revealed in his book Fiqh al-Sunna, Abdullah al-Qalqili, Muhammad Yusuf al-Qaradawi, and Muhammad Bakhit al-Muth ' i, among other reasons:
• insurance is essentially the same as gambling;
• nsur contains vague and uncertain;
• an element of usury / rente;
• an element of exploitation because if the policyholder can not continue to pay the premiums that have been paid;
• premiums paid by the holders of poils played in the practice of usury (because the money credited and dibungakan);
• insurance including akad sharfi, means selling or exchange-not menukur currency in cash;
• life and death of people made a business object, which is preceded destiny God Almighty.
b. Allow all insurance in practice today.
This opinion was expressed by Abdul Wahab Khalaf, Mustafa Ahmad Zarqa, Muhammad Yusuf Musa and the reasons put forward as follows:
• there is no Qur'anic texts and the texts of al-Hadith which prohibits insurance;
• both parties are promising (which underwrite asuradatordan) with full willingness to accept this oprasi done memikultanggung individual responsibility;
• insurance does not harm one or both parties and even the insurance benefit both parties;
• insurance contains a general interest, for which premiums can be invested terkemul (channeled back to become the capital) for projects and for development priduktif;
• insurance including mudaraba covenant, a covenant that is insurance for the results of cooperation between the policyholder (owner of capital) with the insurance companies who manage capital on the basis of results (profit and loss sharing);
• insurance including shirkah ta'awuniyah;
• analogous or diqiaskan retirement system, such as Taspen;
• insurance operations conducted for public interest and common interest;
• insurance keep many people from the accident to property, wealth, and keperibadian.

For reasons such, insurance is considered meaningful for the participants and the insurance company simultaneously. Practices or actions that can bring much benefit people are justified by religion.
Mohammad Fuad further explained that the insurance Fachrudin sosisal, such as health insurance and accident insurance, caused by work. State did against every person who pays the premium fee determined for that, also state that meet the deficiencies found in the difference the money has been withheld by payer money damages. So insurance is public interest towards the social. Therefore, insurance is justified by the religion of Islam.
Insurance against accidents, if insurance belonging to the mix of insurance (insurance that included savings). Mixed nature of the insurance premium includes two, namely the danger of death ubntuk close and to prepare the money to be paid if he had not died dalm period specified, then the law allowed by the religion of Islam because in it there asuransicampur drive to save money and savings for the public benefit . Requirement is the insurance company promises to its policyholders that the money for the premiums do not work usury, it is the same as the postal savings hhukm, as for insurance keclakaan held (dilaksanakn) with ordinary insurance by Mohammad Fuad Fachruddin not allowed, because this insurance not toward the public interest and common interest.

c. allow social insurance and prohibited commercial insurance only.
This opinion was expressed by Muhammad Abu Zahrah. The reason that can be used to allow the social insurance berifat same reason a second opinion, while the reason penggharaman commercial insurance solely on the line equal to the first opinion reasons.

d. Assumes that insurance is no syubhat because the arguments that clearly syar'i or explicitly forbids menghalalkannya. If dikatagorika syubhat insurance law, the consequences are dtuntut Muslims to be careful (al-ihtiyath) in dealing with insurance. New Muslims are allowed to establish a policy or insurance company if in an emergency.

D. Insurance Against expectations Zuhudi
After reviewing Zuhdi masfuk and explain insurance, he was trying to conclude and bring some harapanya. Conclusions and expectations are as berikkut Zuhdi.
a. Basically insurance expectations include life insurance is permitted by Islam.
b. To popularize insurance bangasa among Indonesia's Muslim majority, should the renewal of insurance cover held by management attention to the principles and spirit of Islamic Shari'a.
c. Funds collected in the form of premiums paid by policyholders to the insurance company should be utilized for projects that are productive and peembangunan.
d. As the profits of companies should be used for suransi interests and the religious community;
e. Ulma Assembly of Indonesia (MUI) as bearers of the aspirations of the central Indonesian Muslims should immediately issue a fatwa insurance law, so that Muslims in Indonesia has a vision and a more solid grip on insurance.

E. Decision Conference of Islamic Countries in Kuala Lumpur About World Insurance
Given the insurance is there and running in most countries in predominately Muslim countries the Muslim world berkonfermasi the sebagainberikut decisions.
a. Insurance in which the element of usury and exploitation is forbidden.
b. Cooperative insurance is lawful:
• Insurance specifically for a business can be done by humans (human sekumpul) on the basis of co-operative;
• An unlimited insurance for a business can be done by the government;
• Conference recommends Islamic governments to conduct cooperative nature asurans between Islamic countries.
The participants pay a fee for this insurance in the form of money should not be taken back except when he was entitled to receive it.
c. considering the importance of international trade, the insurance within the scope of existing international diangga kosher, under emergency laws.

F. Insurance System in Islam
Described by Muhammad Siddiqi Nejatullah that insurance is a basic need for humans because the financial consequences of an accident and need compensation. Insurance is the trustees organizational problems that are universal, such as sudden death, disability, unemployment disease, fires, floods, storms, and accidents related to transportation and kerugianfinansial causes. Accidents like the above are not only dependent on volunteers, this fact requires insurance to be treated as a basic human need in the very broad scope of activities and the human situation.
Perindungan needs to face disasters and financial loss associated with each person facing as important as the maintenance of order. To eliminate the evils of the type of accident described in the provisions relating to public kesejahtraan and social security, in an Islamic system is a state duty to provide help to people who are experiencing difficulties and meet the needs arising from sudden accidents, defective innate, while unemployment, old age or natural death of family breadwinner. In general, countries will rely on their own opinions to fulfill these obligations. In certain cases, a number of specific sources can also be tapped for this purpose, let the employer charged on behalf of the employees and their workers, the government charged on behalf of civil servants as well as wages or salary.
The design is considered insurance in line with Islamic values proposed by Siddiqi uhammad Nejatullah as follows.
a. All insurance is about the dangers of the human soul, both of body and health angota should be handled exclusively under state control. If the life or health of the human body affected by the industrial accident or while carrying out duties as instructed by his employer, aid agencies and restitution imposed on factory owners or employers. The same principle can be applied when deciding pengangguaran problem, whether the action should dilakuka by the employer or owner of the factory after the result menganggurannya person. Along with these individuals should be given the freedom to take out insurance in order to cope with damage caused to the interests of himself and his family by accident so he can maintain economic productivity and business continuity.
Such insurance must be above the interests of the country by bringing down all the insurance carried by the state authority. State must take steps to protect property and people's property from fire, flood, earthquake damage, storms, and theft. The opportunity should be given to each individual to take out insurance against financial loss occurred. Let compensation determined in each case under the previous contractual agreement that is the basis of premium payment by property owners. In impoverished person caused by an accident, the person must be rescued from poverty with a social security system. This guarantee must be obtained without payment of any premium. Would be appropriate if the big companies like the aircraft industry is obliged to be insured, the house can also tingal wrought by dipertimbangan-point jalurini, private entities conducting insurance business for Brang-goods wealth can also be permitted.

b. Let most forms of insurance relating to the soul, the sea trade, fires, and accidents included in the state sector. Some of them are dealing with a specific accidents, the rights and interests and kntrak-contract could be handed over to the private sector.