INSURANCE ISLAMIC

PART I
PRELIMINARY

Takaful has been widely grown in Indonesia as a Muslim in Indonesia is the largest population that meant a potential market in the world bisnis.Asuransi Sharia is a system whereby participants infaq-right clicking / donate part or all of the contribution that will be used to pay claims , in case of disaster experienced by most participants. The role of the company here was limited to the operational management of insurance and investment of funds / contributions received / transferred to the company.

Insurance Shari'ah also called ta'awun insurance which means helping each other or help each other. Therefore, it can be said that the Insurance ta'awun basic principle is the basic law of mutually tolerant of their fellow human beings to build together in mitigating disasters experienced by the participants.

CHAPTER II

DISCUSSION

A. DEFINITIONS TAKAFUL

According to the National Islamic Council, the definition TAKAFUL (ta'min, Takaful or Tadhamun) is an attempt to protect each other and mutual help among people through investment in assets and or tabarru are on the pattern returns to face particular risks through contract (engagement) in accordance with sharia.

Takaful is a system whereby participants infaq-right clicking / donate part or all of the contribution that will be used to pay claims, in case of disaster experienced by most participants. The role of the company here was limited to the operational management of insurance and investment of funds / contributions received / transferred to the company.

Insurance Shari'ah also called ta'awun insurance which means helping each other or help each other. Therefore, it can be said that the Insurance ta'awun basic principle is the basic law of mutually tolerant of their fellow human beings to build together in mitigating disasters experienced by the participants. This principle according to the word of Allah in surah Al Maidah verse 2, which means:

"And menolonglah help each other in goodness and piety, and do not help each other in sin and enmity"

WHY SHOULD TAKAFUL?

Insurance which has been used by the majority of people (conventional) is not an insurance known by the predecessors of the jurisprudents, because it does not include transactions that are known by Islamic law, and nor from among the companions who discuss hukimnya.

Differences of opinion about insurance non-Islamic scholars (conventional) caused by differences in science and their ijtihad. Among other reasons:

1. In conventional insurance transactions are jahalah (ignorance) and ghoror (uncertainty), which is not known who will profit or loss at the end of the insurance period.

2. Inside are doubtful riba or usury. This will be more evident in life insurance, where one can buy insurance policies pay a small amount of funding / premiums in the hope of getting more money in the future, but he might not get it. So in effect this transaction is the exchange of money, and with the addition of the money paid, then this is clearly contain elements of usury, both usury and usury fadl nasi'ah.

3. This insurance includes the type of gambling (maysir), because one of the parties to pay a small fortune to get the treasure more by chance or without a job. If an accident occurs it is entitled to get all the property that was promised, but if not then he will not get any.

Seeing three of the above, it can be said that the transaction in conventional insurance as we know, has not been in accordance with the transaction is known in Islamic law. Insurance syar'iah ta'awunnya principle, be accepted by the community and is growing rapidly in the last few years.

Takaful with the agreement at the beginning of a clear and transparent as well as aqad Shariah compliance, which funds and insurance premiums collected (also called tabarru funds') will be professionally managed by a Takaful company through investments based on Islamic principles shar'ī.

And in the end all of the funds managed by the (funds tabarru) will be used to respond to and anticipate the catastrophe / disaster / claims occurred among insurance participants. Insurance through sharia, we prepare themselves financially while maintaining the principles of transactions in accordance with Islamic law. So there is no doubt as to the insured Shari'ah.

B. DIFFERENCES TAKAFUL AND CONVENTIONAL

There are some fundamental differences between Takaful with conventional insurance.

The differences are:

1.    Insurance Shari'ah has Sharia Supervisory Board (DPS) of the MUI that oversees the marketed product and management of investment funds. Sharia Supervisory Board is not found in conventional insurance.

2.    Akad conducted on the insurance Shari'ah based on mutual help. While conventional insurance by buying and selling

3.    Investment funds in Shari'ah based Wakallah bil insurance Ujrah and free from Riba. Whereas in conventional insurance put on interest (riba) as part of its investment placement

4.    Ownership of insurance funds in Shari'ah is the right participants. The Company only as a fiduciary to manage it. In conventional insurance, funds collected from customers (premium) belong to the company. Thus, the company is free to determine the allocation of investment.

5.    Payment of claims on insurance Shari'ah taken from the fund tabarru (charity fund) all the participants that since its inception has been sincere in our intentions that no sinking fund that will be used as funds of mutual help among the participants in the event of a disaster. Whereas in conventional insurance claim payment to be taken from the fund company's accounts.

6.    Distribution of profit to the insurance company with the Shari'ah is divided among the participants according to the principle of sharing with the correct proportion. Whereas in conventional insurance the entire gain becomes the property of the company.

C. INSURANCE ARE ALLOWED

Although already popular in the community and commonly used by people all over the world, but if we're honest with a conscience, in fact there are many weaknesses in conventional insurance as we know. Among others are:

a)    Conventional insurance contains elements Uncertain

Uncertainty in question is between the participants and the company alike do not know, how much should be spent and how much will be obtained. It could be an insurance participants hope to get a lot of claims, but it could also not get anything.

This means that the contract contains jahalah that are forbidden in the religion. Where buyers and sellers alike do not know the advantages and disadvantages of each. Because it is still very dependent on many events.

b)    Premiums Investment Plays in the System Ribawi

Conventional insurance companies sinking fund with usury system. Premium money collected from participants will be invested in a way forbidden. Therefore the result was a money usury is forbidden as well.

When participants submit insurance claims, of course, claims the money was sourced from investment usury.

c)    Conventional insurance including the sale or exchange of currency is not cash

d)    Life and death of man as object of business, and just as with God's will precede

So with all these shortcomings, many scholars who forbid our participation in the conventional insurance companies. Because insurance is so much closer to a gambling.

As an alternative and a solution that is accurate, smart and Shariah compliance, should we follow the insurance program that is authorized to use the sharia system. Because Takaful has been studied in depth by scholars, both at national and international levels, as well as the already difatwakan halal.

D. CHARACTERISTICS TAKAFUL

1. insurance Akad Shari'ah is both tabarru, so do not know but infaq premiums or contributions. And donations given should not be withdrawn.

Or otherwise tabarru, then share that will be paid in the form of savings which would be acceptable if events occur, or will be taken if the contract is stopped in accordance with the agreement, with no less and no more. Or if more then the excess that is the proceeds of mudhorobah not usury.

2. This is not a contract of insurance Akad mulzim (agreements must be implemented) for both parties. Because the members when giving a donation is not intended to be rewarded, and if there is no reward, in fact the benefits are obtained through a license granted by the congregation (all insurance participants or board appointed jointly).

3. Akad Shari'ah insurance net of gharar and usury. Because insurance companies are forbidden to invest in a conventional manner that is usury. May only use sharia system, namely for the results.

Besides the type of business must have a lawful, must not be such as for plant liquor, cigarettes, entertainment need of vice and so on.

4. nuances of family Takaful thick.

And in terms of worldly gains and hereafter, Takaful has the advantage. Among others:
a. Principles of Takaful contract is takafuli (mutual help). Where customers one another to help customers who were experiencing difficulties. While the conventional insurance contract is tadabuli (sale and purchase between the customer and the company).

b. Funds collected from the customer Islamic insurance companies (premiums) is invested based on the sharia system of profit sharing (Mudharabah). Whereas in conventional insurance, fund investments made in any sector of the system of interest.

c. Premiums collected are treated remains as customers' funds. The Company only as a fiduciary to manage it. Whereas in conventional insurance, premiums belong to the company and the company was the one who has full authority to set policies for the management of these funds.

d. If anybody affected, customer claims for payment of funds taken from the account tabarru (social fund) all participants who have sincere in our intentions for the purposes of mutual help. Whereas in conventional insurance, claim payment of funds taken from the accounts of the company.

e. Investment profit split between the customer as the owner of the funds with the company as manager, with the principle of sharing. Whereas in conventional insurance, benefit fully belong to the company. If there is no claim, customers are not getting anything.

f. The existence of Sharia Supervisory Board in Islamic insurance company which is a must. The Council is instrumental in overseeing management, product and investment policies in order to continue in line with Islamic law. As in conventional insurance, then it does not get attention.

CHAPTER III

COVER

A. CONCLUSION

Based on the description of the discussion "TAKAFUL" it can be concluded that:

1. Takaful that should be done is pegadain based on the Sharia provisions.

2. Conventional Insurance contain elements of usury.

B. RECOMMENDATION

Based on the discussion of "TAKAFUL" compiler provides the following advice:

1. Takaful should have to qualify and get along in order not to violate the Islamic Shari'a.

2. For readers authors expect criticism and suggestions that are perfect build for the sake of this paper.

Note:

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