Legal definition of insurance under the Council of Islamic Sharia is a National effort to protect each other and helping the people through investment in the form of assets or property and to face the risks / hazards through a specific contract in accordance with sharia.
Insurance Sharia is a system where the participants / members / participants make investment / property provides some or all of the contribution will be used to pay claims, in case of natural experienced by some participants / members / participants. Company's role here is only the operational management of a company's insurance and investment capital / donations received / to be the company.
Islamic insurance is also called the law of insurance with the mutual help which means helping each other or help. Therefore it can be said that the principles have insurance mutual help as a basic law of the Islamic tolerance towards fellow human beings to alleviate a togetherness in disaster experienced participants. This principle is in accordance with Allah SWT says in the letter of Al Maarij paragraph 2, which means:
"And each other mutual assistance in the goodness and piety and not helping each other in sin and aggression"
why should insurance law islam?
Insurance during the time used by the majority community (non shari'a) is not an insurance that is known by the predecessor of the fiqh of experts, because they did not include a transaction known by the Islamic fiqh, nor from among the Companions of the law.
Differences in opinion about insurance is caused by differences in knowledge and their diligence. The reason, among others:
1. In the transaction of insurance there is ignorance (ignorance) and victimization (uncertainty), which is not known who will benefit or loss at the time of the expiration period of insurance.
2. In or near there is usury usury. This will more clearly in the life insurance, where someone gave the insurance policy to pay a small amount of funding / premium with the hope to get more money that is the future, but he could not get it. So the bottom is the exchange transaction this change money, and with the additional money that's paid, then this clearly contains elements of usury, and the usury fadl flysoul nasi'ah.
3. This transaction can deliver the two sides and the hostilities in the conflict when natural occurrence. Where each party seeks delegate loss to another party. Disputes can be to the court.
4. This type of insurance, including gambling, because one party to pay less property wealth to get more with a hit-or-way without a business or workplace. If an accident occurs it will get all the promised treasure, but if not then he will not get any.
See the fourth case above, it can be said that the transaction in the insurance during the time we know, not in accordance with the transaction, known in Islamic fiqh. Insurance law with the principles of Islamic mutual help, can be received by the community and develop rapidly enough in the last few years.
Insurance sharia in the initial agreement with a clear and transparent in accordance with the agreement of sharia, which funds and insurance premiums collected (also called with the funds used for the good) will be professionally managed by insurance companies through investment sharia Islamic law based on the principles of sharia.
And in the end all of the funds that are managed (investment fund) will be used to anticipate the occurrence of natural and / disaster / claim the insurance occurred among participants. Through the insurance law of Islam, we are prepared financially to maintain the principles of the transaction in accordance with Islamic fiqh. So there is no doubt for the transaction of insurance in accordance with Islamic law.
Insurance Sharia is a system where the participants / members / participants make investment / property provides some or all of the contribution will be used to pay claims, in case of natural experienced by some participants / members / participants. Company's role here is only the operational management of a company's insurance and investment capital / donations received / to be the company.
Islamic insurance is also called the law of insurance with the mutual help which means helping each other or help. Therefore it can be said that the principles have insurance mutual help as a basic law of the Islamic tolerance towards fellow human beings to alleviate a togetherness in disaster experienced participants. This principle is in accordance with Allah SWT says in the letter of Al Maarij paragraph 2, which means:
"And each other mutual assistance in the goodness and piety and not helping each other in sin and aggression"
why should insurance law islam?
Insurance during the time used by the majority community (non shari'a) is not an insurance that is known by the predecessor of the fiqh of experts, because they did not include a transaction known by the Islamic fiqh, nor from among the Companions of the law.
Differences in opinion about insurance is caused by differences in knowledge and their diligence. The reason, among others:
1. In the transaction of insurance there is ignorance (ignorance) and victimization (uncertainty), which is not known who will benefit or loss at the time of the expiration period of insurance.
2. In or near there is usury usury. This will more clearly in the life insurance, where someone gave the insurance policy to pay a small amount of funding / premium with the hope to get more money that is the future, but he could not get it. So the bottom is the exchange transaction this change money, and with the additional money that's paid, then this clearly contains elements of usury, and the usury fadl flysoul nasi'ah.
3. This transaction can deliver the two sides and the hostilities in the conflict when natural occurrence. Where each party seeks delegate loss to another party. Disputes can be to the court.
4. This type of insurance, including gambling, because one party to pay less property wealth to get more with a hit-or-way without a business or workplace. If an accident occurs it will get all the promised treasure, but if not then he will not get any.
See the fourth case above, it can be said that the transaction in the insurance during the time we know, not in accordance with the transaction, known in Islamic fiqh. Insurance law with the principles of Islamic mutual help, can be received by the community and develop rapidly enough in the last few years.
Insurance sharia in the initial agreement with a clear and transparent in accordance with the agreement of sharia, which funds and insurance premiums collected (also called with the funds used for the good) will be professionally managed by insurance companies through investment sharia Islamic law based on the principles of sharia.
And in the end all of the funds that are managed (investment fund) will be used to anticipate the occurrence of natural and / disaster / claim the insurance occurred among participants. Through the insurance law of Islam, we are prepared financially to maintain the principles of the transaction in accordance with Islamic fiqh. So there is no doubt for the transaction of insurance in accordance with Islamic law.
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