Monday, February 6, 2012

Insurance Law In Islam

Insurance Law in Islam is different from one species to another, as for the details as follows:

First: Insurance Ta'awun

For ta'awun insurance allowed in Islam, the reasons as follows [5]:

    Ta'awun including tabarru insurance contract '(voluntary donation) which aims to work together in Playing the distress, and took part in the responsibility in the event of a disaster. The trick is that some people donate some money allocated for compensation for people affected by the loss. Ta'awun insurance group is not aimed at commercial and profit from someone else's property, but only aims to alleviate the threat of harm that would befall them, and cooperate in the face.
    Ta'awun insurance is free of riba, usury fadhal good, or usury nasi'ah, because there are no elements of riba akadnya premiums collected and invested in the institution is not a member of the smell of usury.
    Ignorance of the participants about the exact amount of insurance compensation to be received is not something that is influential, because in essence they are the donors, so here is an element of speculation, uncertainty and gambling.
    The existence of insurance or representative of some participants who invest the funds collected for participants to realize the goal of establishment of this insurance, either voluntarily, or with a specific salary.

Second: Social Insurance.

So is the law of social insurance is allowed for the following reasons:

    Social insurance is not included mu'awadlah contract (purchase), but it is a partnership to help each other.
    Social insurance is usually carried out by Government. The money paid by members are considered as tax or fee, which will then be invested in government to cope with the disaster, catastrophe, when suffering from pain or help in retirement and old age and the like, which in fact it is the duty and obligation of the Government. So in this contract as there is no element of usury and gambling.

Third: Business or Commercial Insurance

As for the Commerce Insurance is haraam. As for the arguments diharamkannya Insurance Commerce (Business), among others, as follows [6]:

First: Business Insurance Agreement is included in the contract agreement that financial compensation is speculative, and therefore contains an obvious element of gharar. Because the participants at the time of the contract do not know exactly the amount of money that will give him and he would receive. Because it may be, after once or twice to pay dues, an accident that he was entitled to rations promised by the insurance company. But sometimes there is never an accident, so he paid the entire amount of dues, but did not get anything. Similarly, the insurance company can not set the amount to be provided and to be received from each contract separately.

Second: Business Insurance Agreement including a form of gambling (gambling), because it contains elements mukhatarah (speculative risk-taking) in compensation money, it also contains (al ghurm) harm one party without errors and without cause, and an element of profit-taking without compensation or in exchange for the unbalanced. Because the participants (insurance recipients) sometimes new insurance fees to pay once, then a crash, then the company was forced to bear the loss because they have to pay the total amount of insurance without reward. In turn, may be no accident at all, so that the company take advantage of the entire premium paid all participants free of charge. If there is uncertainty like this, then this contract including the forms of gambling are prohibited by Allah swt

Third: Business Insurance Agreement that contains elements of riba and riba nasi'ah fadhal once. Because if the insurance company pays compensation to the participant (receiving insurance services), or to his heir in excess of the amount of money they had deposited, meaning that fadhal usury. If the insurance company pays it after a while, then it includes nasi'ah usury. If the insurance company to the customer only pays for which he deposited, meaning that only usury nasi'ah. And both types of riba has been prohibited by the texts and the consensus of the scholars.

Fourth: Financing Agreement also contains elements of Rihan (bets) are forbidden. Because it contains elements of uncertainty, fraud, and gambling. Shari'a does not allow bets unless the benefit of Islam, and raised syiarnya with proof and weapons.

Insurance is not included in that category, not even close at all, so forbidden.

Fifth: Financing Agreement is included to take the property without compensation. Taking property without compensation in any form is forbidden commerce,

Sixth: Business Insurance Agreement requires that an element of something that is not required by the Personality '. Because the insurance company never created the danger and was never a cause of danger. That there is just a form of agreement to the participants receiving the insurance, that company will be responsible for hazards that may be happening, in return of the amount of money paid by the participants receiving insurance services. Yet here the insurance company did not do any work for the service recipient, then the act is clearly unlawful.