Shariah insurance definition according to the National Islamic Council is an attempt to protect each other and helping among a number of people through investment in assets and or tabarru 'which gives the pattern of returns to face the risk / specific hazards through the covenant in accordance with sharia.
Islamic Insurance is a system where the participants / members / participants donate / granting part or all of the contributions that will be used to pay the claim, if the case of natural disasters experienced by some participants / members / participants. The role here was limited to companies managing the insurance operations and investments of dana-dana/kontribusi received / delegated to the company.
Shariah insurance referred to as a means insurance ta'awun please help or mutual help. Therefore we can say that insurance is essentially ta'awun basic principles of the Shari'a are mutually tolerant of fellow human beings to build togetherness in disaster relief experienced by the participants. This principle is in accordance with the Word of God in surah Al Maidah paragraph 2, which means:
"And helping each other in goodness and faith and not helping each other in sin and transgression"
Why Sharia Insurance?
Insurance which has been used by the majority community (non-Islamic) insurance is not known by the predecessors of fiqh among the scholars, for not including a transaction known by the Islamic fiqh, nor from among the friends who discuss the ruling.
Differences of opinion about the insurance due to differences in their knowledge and ijtihad. The reason, among others:
1. In the insurance transaction is jahalah (ignorance) and ghoror (uncertainty), which is not known who will get the profit or loss on the termination of the insurance period.
2. Inside were syubhat riba or usury. This will more clearly in the life insurance, where a person who provides insurance policies to pay a small amount of funds / premiums in the hope of getting more money will be 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 is clearly an element of usury, riba good nasi'ah Fadl and usury.
3. These transactions can lead both parties to the hostilities and disputes when the catastrophe. Where each party trying to transfer the losses to other parties. The dispute could lead to court.
4. Insurance is the kind of gambling, because one party to pay a small fortune to get more wealth by chance or without effort work. In the event of an accident he was entitled to get all the promised treasure, but if not then he will not get any.
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, can be accepted by the community and developing quite rapidly in recent years.
Islamic insurance in the agreement at the beginning of a clear and transparent with the appropriate aqad sharia, which funds and insurance premiums collected (collectively, the funds tabarru ') will be professionally managed by insurance companies through investment in Sharia-based syar'i with sharia principles .
And in the end all these managed funds (funds tabarru ') will be used to deal with and anticipate the occurrence of accident / disaster / claims that occurred between the participants of insurance. Through Shariah insurance, we prepare ourselves financially while maintaining the principles of transactions in accordance with Islamic fiqh. So there is no doubt for insurance Shari'ah.
(Source: ReInfokus Magazine April 2006)