Rabu, 19 Februari 2014

Takaful and Conventional Insurance

Islamic insurance is insurance that is based on Islamic principles . No. According to the DSN . 21/DSN-MUI/II/2002 of Islamic insurance , which protects the mutual effort and mutual help among a number of people / parties through investment in assets and / or tabarru / who gives a pattern of return to face a particular risk through the contract ( engagement ) that in accordance with sharia .

So the basis of the establishment of Islamic insurance is against the spirit of mutual appreciation was responsible , cooperation and protection in community activities , in order to create well-being of mankind and society in general . As Muslims , we must believe that everything that happens in the above can not be separated from qadha and Qadr Allah to his servants . This has been described by God in his word " and that nobody can know for sure what is earned, tomorrow , and no one can figure out where on earth he was going to die . Surely Allah is Knower, Aware. " ( Surah Luqman : 34 ) .

However , we must not surrender to these circumstances , we have endeavored and guard to guard against danger and disaster . Insurance in this case aims minimize the risk posed by such disasters and calamities .

According to Sheikh Abu Zahra , in his book " al - Takaful al - al - Islami fi ijtimai ( social security in Islam ) , to explain the meaning of al - takafil ijtimai is that individuals in the community or dependents guarantee their communities . Every person is capable or has the power to act as guarantor in the community or help .

Mustafa Al - Zarqa defines insurance as engagement systems based on negotiation , the goal is cooperation ( mutual help ) to replace losses through certain institutions that hold transaction artistically based on the principles and rules of statistics .
Meanwhile , Faisal al - Mawlawi defines insurance as a contract between two parties , one of which requires the second party to pay a sum of money to replace the losses suffered due to an event in accordance with the transaction .

Understanding Conventional Insurance
In Indonesia , in addition to insurance terms used are also the term of coverage . The second use of the term following the term in Dutch , namely Assurantie ( insurance ) and verzekering ( insured) , then the term assuradeur arise for the insurer and the insured geassureerde . Indeed insurance in Indonesia stems from the Netherlands . In the United Kingdom used the term insurance and assurance that has the same sense . Term insurance is used for insurance while the term used for life insurance assurance .

Many notions of conventional insurance . According to Robert I. Mehr , insurance is a device for reducing risk by combining a sufficient number of units to expose their individual makeup Collectively losses predictable . The predictable loss is then shared by or distributed proportionately among all units in combination ( a tool for reducing risk by combining a number of units at risk so that individual losses collectively predictable . Losses that can be predicted is then divided and distributed proportionally among all the units in the joint ) .

Mark R. Greene defines insurance as an economic institution that Reduces risk by combining under one management and a group of objects is so situated that the aggregate accidental losses to the which the group is subject predictable within narrow limits Become ( economic institutions that reduce risk by combining under one management and groups of objects in a condition so that the large losses suffered by going on a group proficiency level can be predicted within a smaller scope ) . Meanwhile , Arthur C. Williams Jr. . and Richard M. Heins see insurance from two points of view . The first is the insurance is the protection against financial loss by an insurer ( insurance is protection against financial risk by penaggung ) . Meanwhile , the second is the insurance is a device by means of the which the risks of two or more persons or firms are combined through actual or promised contributions to a fund out of the which claimants are paid ( insurance is a tool that is where the risk of two or more persons or companies companies incorporated through a definite premium contribution or defined as funds used to pay claims .

According to Big Indonesian Dictionary ( KBBI ) , insurance is insured or agreement between two parties , the parties shall submit dues , the other party is obliged to guarantee fully the dues payer that , if something happens to him or her belongings are insured in accordance with the agreements made .

In line with this definition , Indonesian Encyclopedia explains that guarantee or insurance is insurance provided by the insurer ( eg insurance office ) to the insured for the risk of loss as specified in the agreement ( policy ) in the event of fire , theft , damage , and so on , or experience a loss of soul ( death ) or other accidents , to which the insured pays a premium to the insurer as specified each month .

According to the Law of Commercial Law article 246 : " Insurance or coverage is an agreement , by which a person binds himself to an insured , by accepting the premium , to provide reimbursement to him for the loss , damage or loss of expected profit , which may be experienced as an event that is not certain .

Meanwhile , Act No. 2 of 1992 on Insurance Business states in Article 1 that the insurance or coverage is an agreement between two or more parties by which the parties committed themselves to the insured , by accepting the insurance premiums the insured for loss of damage or loss of expected profit , or legal liability to third parties which may exist between the insured , arising from an uncertain events , or to provide a payment based on the death or life of an insured person .

Thus , insurance is a tool that serves the socio- economic shift risks to the individual or entity to take advantage of all the members of his group with the funds collected from the group to pay for the losses suffered by persons in matters that have been agreed upon in the agreement on the basis of love willingly .

From the definition above, it is understood that the insurance it contains three main elements of the transaction and is bound by a contract ( agreement ) and the agreements , namely : first , the insured party who promised to pay the premiums to the insurer at once or by installments . Second , the insurer promises to pay a sum of money or replace the particular worth of promised goods to the insured at once or in installments if there is a third element . Third , an event that occurs is unclear , and the type of event it was agreed by both parties .

The majority of scholars say that the practice of such insurance is haraam according to Islam , because :
The existence of gharar , which is an element of uncertainty about the rights of policyholders and the source of funds used to cover claims .
Maysir any element , ie the element of gambling because it is possible there are those who benefit at the expense of others .
Any element of riba , which earned revenues of lend
Operational Procedures and Takaful
1 . contract
The relationship between the company and the Takaful participants engage in mudaraba agreement with the rights and obligations in accordance with the agreements . In contrast to conventional insurance relationships among participants in a spirit of mutual insurance built bear ( takaful ) and not by the exchange agreement ( tadabbuli ) .
Al - mudaraba concept is applied in Islamic insurance has three elements , namely :
In agreement among participants with an insurance company , the company mandated to invest and seek financing for projects in the form ; Musharaka , murabaha , and wadi'ah permissible Islamic law .
Agreement between participants and insurance companies berbntuk partnership to jointly bear the business risk with the principle of profit sharing portion of each has been agreed.
In agreement among participants with the insurance company determined that before the profits derived from the results of operations and investments , first settled claims takaful benefit of the participants who experienced a loss or disaster .

Procedures for the Management or Investment must not conflict with Islamic Shari'a

a. Gharar ( uncertainty of transactions ) .
According to Shafi gharar is nothing hidden with logging in our view , and as a result most likely arises is that we fear . According to Ibn Qayyim , gharar is something that the recipient can not be measured , it's good stuff there and there is nothing like selling a slave who escaped and wild camels though there .

Diharamkannya conventional insurance because of the vagueness ma'kud alaih ( something diakadkan ) which covers things that are not known exactly how many were obtained ( existing or not existing , large or small ) , it is unknown how much is paid , it is unknown how long we will afford to pay . Things like that are forbidden by jumhur ( majority ) scholars that the sale and purchase agreement ( aqad tadabubuli ) or property exchange agreement (contract mu'awaathun maliyatun ) in conventional insurance practice .

For example : In the event of a claim , such as insurance taken ten years and payment of a premium of USD 1.500.00/tahun , then in the fifth year of his death , the insured is given by Rp 15,000,000 . This means the money of Rp 7,500,000 which is not a premium installments over five years is not clear gharar and where it came from . Unlike the Islamic insurance ( takaful ) since the beginning of the policy is opened , was intended 95 % premium savings and 5 % intended to fund tabarru ' ( policy , charity / savings ) .

b . Maysir ( gambling / speculative)
In the Qur'an clearly and expressly stated in Sura al - Maidah : 90 :
" O ye who believe, in fact alcohol, maysir , idols , and cast lots with arrows fate is Satanic , then stay away from the action so that you get the benefit . "

Conventional insurance mechanism maysir concept spawned as a result of the presence of gharar . Wahbah Zuhaili concluded that contain elements of gharar transactions are sale and purchase transactions containing usnsur gharar is buying and selling risky for one who held the contract resulting in loss of property . These risk factors are present in conventional insurance contains elements that cause maysir .

In conventional insurance , maysir can arise because there are two things :
Should someone have a premium , there is a possibility he stopped for some reason . When stopped on the road before reaching the refreshing period , he can get his money back roughly by 20 % and the remaining charred .
If proper calculation of death and determine the exact amount of the policy , the company will be profitable , but if any of the calculations , the company will lose money .

In Islamic insurance , even if the recipient has not reached the refreshing policy period though , if he wants to take the funds due to any reason, then it is permissible for an insurance company in this case is as a shareholder .

c . usury
One goal is the establishment of Islamic insurance in order to avoid usury practices that exist in conventional insurance , in which the funds invest using the floral mechanism . Thus , this insurance is very difficult to avoid the practice of usury . Usury in Islam is derived from every extra every transaction without any reward or replace . According to Imam Sarakhsi , Qatadah , and Raghib al - Ashfani , usury is anything that contains three elements , namely : ( a) the excess of the loan principal , ( b ) the excess payment in return for payment due , ( c ) the additional amount required under the transaction .

The principle difference Takaful and Conventional
Compared to conventional insurance , Islamic insurance has fundamental differences in several respects :
1 . Principles of Islamic insurance contract is takafuli ( mutual help ) . Customers who one helping the other customers who were experiencing difficulties . While conventional insurance contract is tadabuli ( buying and selling between customer and company ) .

2 . Funds collected from the customer Islamic insurance companies ( premiums ) invested by the sharia system of profit sharing ( mudaraba ) . While in conventional insurance , investments made ​​in any sector fund with the system of interest .

3 . Premiums collected remains treated as customers' funds . The company only as a fiduciary to manage it . While in conventional insurance , the premium to the company and the company was the one who has the full authority to determine the policies of the fund management .

4 . If there are participants in the affected areas , to claim payment of funds taken from the customers account tabarru ' ( social fund ) all participants who have diikhlaskan for the purposes of mutual help . While in conventional insurance , fund claims payments taken from the company's accounts .

5 . Investment profit halved as the owner of the funds between the customer and the company as manager , with the principle of sharing . While in conventional insurance , benefit fully belong to the company . If there is no claim , the customer does not obtain anything .

6 . Sharia Supervisory Board ( DPS ) in Islamic insurance company is a must . The Council plays a role in overseeing management , product and investment policies that always in line with Islamic law . As in conventional insurance , then it does not get attention .

In any event muamalah , including insurance , and operating procedures must be based on the Quran and the hadith of the Prophet Muhammad . These principles should not be violated , and therefore one of the provisions of the Quran and the hadith of the Prophet that underlie every activity that is muamalah should eliminate the following elements , namely gharar , maysir , and usury . Instead , Islam has always stressed san any form of business investment in the aspect of justice , as they liked , and a togetherness in the face of any risk .