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Tuesday, 19 July 2016

INSURANCE LAW IN ISLAM

INSURANCE LAW IN ISLAM - Insurance is a guarantee agreement of the guarantor (ie insurance companies) to give some property or wages on a regular basis or replace other goods, the parties are given a guarantee (ie insurance customers), at the time of the disaster or the certainty of danger, described the agreement , it is in lieu of installments or payments made ​​by customers to the company.
From this explanation is evident that in the insurance agreement that there is an element:

1 The form and amount of security to be provided the insurance company;
2 The danger or calamity that occurred;
3 installments or payments paid by the customer.

HISTORY OF INSURANCE
Insurance first appeared in the form of travel insurance in the ocean that emerged in the 14th century AD. But this insurance has historical roots since before Christ. Namely that someone lend some property usury for ships that will sail, if the ship was destroyed, then the loan is gone. If the ship survived, the loan was returned with usury (additional) agreed. The ship was mortgaged as a guarantee of repayment and ribanya.
Thus the origin of an insurance company that is usury agreement, based on the elements of gambling and harm's way. And insurers still like this as first appeared.
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 devastating fire incident in the city of London in 1666 AD. More than 13 thousand houses and about 100 churches fall victim to a fire. Then fire insurance is spreading in many countries outside the UK in the 18th century AD, especially in Germany, France, and the United States. Then insurance is spreading and increasing the types, particularly 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.
For-profit insurance, or insurance that is used as a business, insurance has a definite installments. This installment automatically become the property of the insurance company in exchange for a payment which he is responsible in case of disaster-or what was agreed. If the amount of the payment of the company is greater than the installment money, then it is borne by the company, and a loss. If disaster does not occur, then the installment to the company without any change. And this is an advantage. This is insurance that discussed here. And this is forbidden because it is harmful speculation that one of the parties.

2) At-Ta'miin at-Ta'aawuniy.
Or also called at-Ta'miin at-Tabaaduliy or at-Ta'miin al-Islamiy. Namely mutual assistance insurance or insurance in accordance with the Islamic religion. It does not aim for profit, but only in the form of helping to bear the trouble. For example: a group of people together to raise money, with this money they help people affected by disasters. The Islamic insurance company, do not automatically have the money installments from the customer. Similarly, the money paid in the event of a disaster does not belong to the company, but the commons. This company is just save, 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 to someone who is worried about a particular disaster. But it aims to help people a lot, that might amount to millions of people. As performed by the countries of the employees, which is known as the retirement rules. That is by way of a monthly salary cut by a certain percentage, and when it has until retirement, the money is given in the form of a monthly retirement salary, or severance pay given at the same time to help their lives. In fact, this type is actually not including insurance. It is not why, its origin is not deposited in the bank that runs usury.

TYPES OF INSURANCE tijari
At-Ta'miin at-Tijaariy, for-profit insurance is very much macanya, among others:
1) Accident Insurance.
This type of insurance carried on owned treasures, such as theft insurance, fire insurance, and the like. Also performed on the customer account, such as a vehicle accident insurance, accident insurance, and the like.

2) Personal Insurance.
That is the insurance of the dangers associated with the man himself, on the side of life, health, or safety. This includes life insurance and insurance of the calamities that befall the body.
Life insurance is an agreement that requires the insurance company to give some money to the customer or to a third person, instead of installments is granted, when the death of the client, or keep his client until a certain age.

This case there are several kinds:
1 Insurance for the state of death.
  Ie given a sum of money upon the death of the customer. There are 3 kinds:
a) Insurance for life. That insurance company to give some money to people who insured at death of people who pay insurance (customer). If insurance for a certain period, such as 20 years, for example, and the customer was dead before the passing of 20 years, the fall installment, and the insured person is entitled to the full amount of the insurance money. This means a loss for the company. And if the client is still alive over 20 years, then the installment stopped, but the insurance money is not given to people after death except diansuransikan customers.
b) Insurance for a preset time. Ie the client pays the insurance installments, and the company will pay a sum of money for people who diansuransikan insurance if the customer dies in a gap of insurance. If the client is still alive past the time gap insurance, then ansuran which has lost he paid, and the company took the money without anything in return. This type of insurance is very clear element of gambling.
c) Insurance during the life of the insured person.
That insurance company to give some money to people who diansuransikan, if he remained alive after the death of people who pay insurance (customer). But if the person dies before diansuransikan people who pay insurance (customers), then the insurance stops, and the treasures that had been deposited by the customer is lost. This type of insurance is also very clear element of gambling.

2 Insurance for the state to stay alive.
That is still his client, is the reverse of the form 1 a. That insurance customers to pay certain amount of money to the insurance company, and the company also will pay a certain amount of money-which also more-at the time specified, if the customer was kept alive until that time. But if the client dies before the stipulated time, then the insurance stops, and the treasures that had been deposited by the customer is lost. And heirs can not use it. This type of insurance is also very clear element of gambling.

3 Insurance Combination.
The incorporation of the above two types of insurance. The insurance company guarantees a 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 time of the insurance. Therefore, this type of installment angsuransi larger of the two previous types.

Insurance of the calamities that befall the body.
That insurance company guarantees a payment of insurance money to people who are insured, if the customer stricken related to her, during the period of insurance. Or given to a particular person, if the customers who follow the insurance die. Health insurance including this type, and sometimes health insurance covers all types of disease, or certain diseases of the body, illness or surgery, or partial disease. And the insurance transaction documents specify the type of danger that is 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 an agreement which contains a wealth replacement uncertainties and dangers load very much.
Abu Hurayrah radhiallahu 'anhu said:
نهى رسول الله صلى الله عليه وسلم عن بيع الحصاة وعن بيع الغرر
"Prophet SAW Shallallahu'alaihi prohibit the sale and purchase with purchase gravel and gharar." (HR. Muslims, no. 1513)
Buying and selling with gravel, like a salesman saying "I sell fabric exposed gravel that I throw". Or "I sell this land began here until I throw a pebble distance". Or something like that there is no clarity.
Moderate selling is the sale and purchase of gharar containing obscurity, deceit, and not able to deliver the goods, such as selling fish in the pond, selling the birds that fly in the air, and the like. (See the works of Imam Nawawi Sharh Muslim)

2 Insurance including types of gambling. Because of him there is danger of loss on the exchange of property, the loss without doing evil or cause, and with no reward or benefit in return that is not worth it. Because the new deposit insurance customers sometimes once installments, then an accident, so the insurance company suffered a loss of insurance money. Or not an accident, so the insurance company benefit insurance installments for no compensation. Thus the entry of insurance in the gambling ban 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 or gambling, (sacrificing to) idols, gambled with the fate of the arrow, is including deeds devil. So stay away from the deeds that ye may prosper ". (QS. Al-Maidah / 5: 90)

3. insurance agreement contains usury. Because profit is found by the company without compensation, while customers benefit from an additional property that is essentially nothing in return. 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 مؤمنين
فإن لم تفعلوا فأذنوا بحرب من الله ورسوله وإن تبتم فلكم رءوس أموالكم لا تظلمون ولا تظلمون
"If you do not do (of war), then know that Allah and His Messenger will be fought. And if you repent (from taking usury), then you subject your treasure; You do not persecute and not (also) be persecuted ". (QS. Al-Baqarah / 2: 278-279)

4 Insurance is a race that is haraam, because it contains a lack of clarity, the danger of loss, and gambling. And Islamic law does not allow a race which the winner takes her possessions except that there is a defense and victory to Islam to elevate Islam with a proof or with a weapon. And the Prophet sallallaahu 'alaihi wassalam has restricted race with the winner taking the wages of three kinds:
لا سبق إلا في خف أو في حافر أو نصل
"There should not be taking the prize possessions except in the camel race, horse, or darts". (HR. Abu Dawood, no. 2574; Tirmidhi, no. 1700)

That should not take property by race except on one of the three cases above. Because of the three-and the meaning- including the preparation of war and the power of the enemy fighting jihad. And give a gift to her is an encouragement to jihad. (See Tuhfatul Ahawadzi)

5. insurance agreements, making therein contain other's property without compensation, this is a falsehood. Allah the Exalted says:
يا أيها الذين آمنوا لا تأكلوا أموالكم بينكم بالباطل إلا أن تكون تجارة عن تراض منكم
"O ye who believe, do not eat each other neighbor's property by way of vanity, except with the commerce that goes with the same love-love among you". (QS. An-Nisa '/ 4: 29).

6. insurance agreements require something that is not required by the Shari'ah. Because the insurance company is not making an accident and not doing the things that caused the accident, but he is obliged to pay the claim. That's because the agreement with the customer to ensure the danger in case of installment payment in exchange for the customer.
Based on this information, so many fatwas of the scholars who forbid tijari with any kind of insurance.
From this description it appears that many outstanding insurance, which is done in an attempt to make a profit, including cases that are prohibited in the Shari'ah. The allowable insurance is At-Ta'miin at Ta'aawuniy (mutual aid insurance) as above. And Allah knows best.

Source: www.UstadzKholid.com
Compiled by Ustadz Muslim Atsari
[This paper is summarized from the book Mausuu'ah Qadhaayaa Al-Al-Al-Mu'aashirah Fiqhiyyah Wal Iqtishaad Al-Islami, by Shaykh Prof. Dr. Ali Ahmad As-Saaluus, chaplain fiqh and Shari'a kuliyah ushuul at Univ. Qathar, pp; 363-395, publisher: Dar Ats-Tsaqafah Qathar; and some additional References]

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