In Arabic , Insurance called AttaÂ'min ( التأمين ) which is derived from the word ( أمن ) that has the meaning given protection , tranquility , security and freedom from fear , as Allah SWT says :' It is God who secured them from fear . 'Of the word ( أمن ) above which is the basic word ( التأمين ) , appear other words that have similar meaning , namely : • ( الأمنة من الخوف ) safe from fear . • ( الأمانة ضد الخيانة ) the mandate opposite of treasonous . • ( الإيمان ضد الكفر ) faith opponent of infidelity . • ( إعطاء الأمنة / الأمن ) gives a sense of security .The latter sense the closest to translate the term attaÂ'min , namely : MentaÂ'minkan something , it means someone pay / submit installments so that he or his heirs get some money as agreed , or to get the dressing on his property missing .
• Takaful ( TaÂ'min , Takaful or Tadhamun ) is a mutual effort to protect and mutual help among a number of people / parties through investment in assets and / or tabarru ' which gives the pattern of return to face a particular risk through the contract ( engagement ) in accordance with the sharia .
• Agreement in accordance with Sharia is that it does not contain gharar ( deception ) , maysir ( gambling ) , usury , dzulm ( persecution ) , risywah ( bribes ) , is forbidden and immoral .
• ( According to the National Sharia Board of MUI , the No. DSN . 21 / DSN-MUI/IX/2001 )
B. Origin of Takaful
1 ) Al - Aqila
• Al - Aqilah are mutually responsible for the bear or family . If one of the members of the tribe were killed by members of the other tribes , the heir of the victim will be paid with blood money ( diyat ) as compensation to the next of kin of the killer . Next of kin of the killer called aqilah . Then they raise funds ( al - kanzu ) are intended to help families involved in the killing was not intentional .• Ibn Hajar Al - Aqilah Asqolani argued that the system is accepted and become part of the Islamic law . This is evident from the hadith that tells a quarrel between two women of the tribe Huzail , where one of them hit the other with a stone to cause the death of the woman and unborn baby . Heir of the victims brought the issue to court . Prophet gave the decision that the compensation for the murderer of baby is freeing slaves , both men and women . While compensation over killing of women is blood money ( diyat ) to be paid by Aqilah ( paternal relatives ) of the accused .• Al - Muwalat ie collateral agreement , whereby the surety guarantees a person who has no heir and no heirs dikeketahui . Guarantor agrees to bear paid him , if the person who is doing jinayah guaranteed . If the person who secured dies , then the guarantor shall inherit his property as long as no heirs . ( Az Zarqa ' in Aqdud TaÂ'min ) .• That a draft agreement relating to human . This system involves fundraising efforts in a savings or money collecting contributions from participants or majlis . The benefit will be paid to the heirs who were killed when the murder case was not known who the killer or no viable witness to really know for sure who the killer is .
2 ) At- Tanahud
o Tanahud is like of food collected from the participants safar mixed into one . The food then passes it on time to them , although they get a different portion .o In a history stated , " Highways AsyÂ'ari ( AsyÂ'ariyin ) when her family experienced food shortages , then they collect what they have in the collection . then divided evenly among them . they are part of us and we are part of the them . " ( Narrated by Bukhari )o In this case , food can be delivered the same or different levels . So it is with food received , it could be the same or different portions .
3 ) Al - hirasah AQD
o That contract security guards . In the Islamic world occurs various contracts between individuals , for example, there are individuals who want to survive and then he made a contract with a person to maintain his safety , where he paid some money to the guards , the compensation will be guarded by the kemanannya .
4 ) Dhiman Khatr Tariq
o This contract is a guarantee of traffic safety . Muslim traders in the past wanted to get General fire safety protection , then he made a contract with the people who are strong and brave in vulnerable areas . They pay a sum of money , and others maintain the safety of his journey .
C. Ancestor Takaful
1 ) The forms muamalah above ( Al - Aqilah , Al - Muwalah , At- Tanahud , etc. ) because it has similarities with the principles of Islamic insurance , is considered by some scholars as a reference embryo and Islamic insurance operations are managed professionally . The difference is, the system is based on the charity muamalah tathawwu and tabarru are not profit-oriented .2 ) Then it syakliyah , contract forms above does have similarities with insurance , although some of them questionable ' recognition ' of Islam against the contract . Such as Al - Muwalat , which actually is a system of inheritance in the life pattern of ignorance , which is the beginning of the transition era Islam was recognized . But then Islam set mawarisnya system itself so that it does not have a contract form again .3 ) Then on Aqilah , who actually ' premium payers ' do not get ' benefits ' of the premium , because it is for other people . This suggests there is a difference between insurance syakliyah with Aqilah . It is also common in Dhaman Khatr Tariq contract , where the surety gives guarantee is voluntary , and not based on ' premium ' paid by the assured .
D. Agreement - Agreement between the Islamic Insurance System
o Although the contract - agreement above has some similarities with
the insurance system , but in fact it syakliyah are fundamental
differences that set it apart enough with insurance .o It should be recognized that the new Islamic world acquainted with
insurance at about the 19th century , when the colonization of the
Western World against Islamic countries .o The real reason for insurance is something new and unfamiliar among Muslims . And in character , the insurance is very strong with growth and
development characteristics of the country which is very different from
the character of Islamic Tenets .o But that does not mean that it is not legitimate Islamic law and is not allowed . Because the problem is in principle important muamalah not violate or conflict with Islamic principles . Sharia Rule says :" Basically, the law is something that should never, until there is proof that shows its prohibition ".
E. In the book of First Insurance Discussion Classic
o Ibn Abidin ( 1784Â - 1836) is considered the first among fuqoha discussing insurance issues . Ibn Abidin is a bermazhab Hanafi scholars , who began to discuss his
insurance in the popular , namely Hasyiyah Ibn Abidin , Chapter Jihad ,
Al - Pagan Fashl Isti'man .o
He wrote , " It has become a habit when the merchant ship from a harby
hire , they pay the wages of its transportation . He also paid a sum of
money for a harby who are in the country of origin tenants ship , which
is referred to as sukarah ( insurance premium ) provided that the goods user
- ship items rented it , if destroyed by fire , drowning , hijacked or
so , then the recipient of the insurance premium money into the insurer
in exchange for the money taken from the merchant . goods if they get
into trouble yangdisebutkan above , then the wakillah were paid to the merchants as a substitute for money but fell short of the money provided to it.
F. Looking for Islamic Insurance Alternatives
o In essence, humans are a large family of humanity. To be able to achieve a life together, man must help each other and bear one another between each other.
o At-Takaful System, which bear one another between human beings, is the foundation for human activities to the activities of the human family as a social being.
o With the foundation 'takaful' in insurance, will materialize Islamic relations among the participants who agreed to bear the risk that joint over the disaster, such as fire or other.
o spirit bertakaful emphasis on common interests on the basis of a sense of brotherhood among the participants. Kepertingan prioritizing personal nature or boost benefit solely, eliminated minimum in Islamic insurance.
o At-Takaful System, which bear one another between human beings, is the foundation for human activities to the activities of the human family as a social being.
o With the foundation 'takaful' in insurance, will materialize Islamic relations among the participants who agreed to bear the risk that joint over the disaster, such as fire or other.
o spirit bertakaful emphasis on common interests on the basis of a sense of brotherhood among the participants. Kepertingan prioritizing personal nature or boost benefit solely, eliminated minimum in Islamic insurance.
G. Hadith of Islamic insurance practice brotherhood
In an illustrated history :
"
From Nu'man bin Bashir ra , Rasulullah SAW said , the Muslim
brotherhood in Parable of love and affection between them is like one
body . Whenever one part of the body to feel pain , it will be felt by
other parts of the body , such as when it can not sleep or when a fever . " ( Narrated by Muslim )This hadith illustrates the existence of helping each other in an Islamic society . Described the situation as one in which the body : if there is one member of a sick society , then the others feel it . Minimal to see him , or even provide assistance . And sometimes aid received , the amount exceeds the costs incurred for treatment . So there was a surplus , which can at least reduce the burden of suffering of people affected by the disaster . This hadith is the basis philosophy of the establishment of Takaful system .Rikza Maulan Lc MASecretary of the Sharia Supervisory Board
No comments:
Post a Comment