Why Syariah Insurance

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Shariah insurance definition according to the National Islamic Council is an attempt to protect each other and mutual help among people through investment in assets and or tabarru 'which gives the pattern of returns to face the risks / hazards through a contract in accordance with sharia.

Takaful is a system where the participants / members / participants donate / donate part or all of the contributions will be used to pay claims, in case of disaster experienced by some participants / members / participants. The role of the company here was limited to the operational management of insurance companies and investment from dana-dana/kontribusi received / delegated to the company.

Shariah insurance is also called the insurance ta'awun which means mutual help or mutual aid. Therefore it can be said that the Insurance ta'awun basic principle is the basis of Shari'a are mutually tolerant of fellow human beings to forge unity in disaster relief experienced by the participants. This principle is in accordance with Allah SWT says in surah Al Maidah paragraph 2, which means:
"And help one another in goodness and devotion menolonglah and please do not help each other in sin and enmity"

Why did have to Takaful?
Insurance which has been used by the majority community (non-Islamic) insurance is not known by the predecessors of fiqh among experts, because it does not include transactions that are recognized by Islamic jurisprudence, nor from among the companions who discusses the law.

Differences of opinion about the insurance was caused by differences in science and their ijtihad. The reasons include:

1. At insurance transactions are included jahalah (ignorance) and ghoror (uncertainty), which is not known who will benefit or loss at the expiration of the period of insurance.

2. Inside are doubtful riba or usury. This will be more apparent in life insurance, where the person who gave the insurance policy pays a small amount of funds / premiums in hopes of getting more money in the future, but he might not get it. So in essence, this transaction is the exchange of money, and with the addition of the money paid, then this certainly contains elements of Riba, both usury and usury nasi'ah fadl.

3. This transaction could lead both parties to the hostilities and disputes when the catastrophe. In which each party tried to bestow losses to other parties. The dispute could lead to court.

4. This insurance includes the type of gambling, because one of the main parties to pay a small fortune to get the treasure more by chance or without a job. In case of accident he was entitled to get all the promised treasure, but if not then he will get nothing.

Seeing all four of the above, it can be said that the transaction in the insurance as we know, not in accordance with the transaction, known in Islamic jurisprudence. Insurance ta'awunnya Shari'ah principles, acceptable to the community and developed rapidly in recent years.

Takaful by agreement at the beginning of a clear and transparent with aqad Shariah compliance, in which the funds and the insurance premiums collected (also called tabarru funds') will be professionally managed by insurance companies through investments based on Islamic principles syar'i with .

And in the end all these managed funds (funds tabarru ') will be used to deal with and anticipate the catastrophe / disaster / claims that occurred among participants of insurance. Through Shariah insurance, we prepare yourself financially while maintaining the principles of transactions in accordance with Islamic jurisprudence. So there is no doubt for insurance Shari'ah.


Title Post: Why Syariah Insurance
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Author: Dede Purnama

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