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REPUBLIKA.CO.ID, JAKARTA – The insurance industry in the country is growing faster. Total premium industry revenue in the third quarter of 2009 reached a value of Rp 69.9 trillion, while in the same period the previous year only Rp 36.6 trillion. In 2008, the total insured reached Rp 1,130 trillion. In 2010, the insurance industry in the country is predicted to continue to grow.

The premium industry in Indonesia provides a compound of products, the other error is a soul premium. Then how exactly is the law of soul premium according to Islam?  It turns out that there are differences of opinion regarding the law of life insurance dues among scholars in the country.

Ulama Nahdlatul Ulama (NU) has twice set fatwas on soul premiums. First, nu scholars set the fatwa at the 14th NU Congress in Magelang on July 1, 1939. In his fatwa, NU scholars decided, insurance of the soul or others in the premium office is illegal, because it includes gambling.

As a basis, nu scholars cite information according to the minutes of Sheikh Bakhit Mufti of Egypt in Nurul Islam magazine Number 6 volume I: “As for the contribution of life coverage, then he is far from common sense & resulted in great admiration. So no destruction can extend life and keep destiny away, it only gives the lure of using similar security using those carried out by the Dajjals.

A similar fatwa was established by NU scholars at the NU Sharia Summit in Surabaya, East Java on March 19, 1957. The second fatwa on life insurance was established after nu Pekalongan Branch questioned the status of the coverage dues rule.

“The Deliberation Assembly stipulates for example that has been decided by the 14th NU Congress, namely insurance of life or others in the insurance office is illegal, because it includes gambling,” the fatwa reads. NU scholars based their decision according to Ahkamul Fukaha II on number 256, Nurul Islam magazine number IV page 367, and al-Nahdlatul Islamiyah books page 471 and 472.

“As for the premium of wealth, then the branches are many, and once we talk about one branch of the business, namely the house premium… This insurance is agreed to be a gambling transaction. It resembles the purchase of a coupon ‘Ya Nashib’, someone who bought it for the rest of his life waiting without getting a win.

In contrast to the fatwa of NU scholars, the National Sharia Council of the Indonesian Ulema Council (DSN MUI) allows dues for coverage, originating in accordance with sharia. In the DSN Fatwa No: 21/DSN-MUI/X/2001 concerning the General Guidelines for Sharia Insurance is stipulated; Sharia Insurance (Ta’min, Takaful or Tadhamun) is a business of protecting and helping each other among a number of people / parties through investments in the form of assets and / or tabarru’ which provides a pattern of return to face certain risks through contracts (engagements) that are in sync with sharia.

The appropriate agreement using sharia referred to in point (1) is that does not contain gharar (fraud), maysir (gambling), riba, zhulm (persecution), risywah (bribe), illegal goods and maxiat.

In 2006, DSN also decided on fatwa No: 51/DSN-MUI/III/2006 concerning Mudharabah Musytarakah Contract on Sharia Insurance. In this fatwa, what is meant by insurance is life premiums, loss premiums and sharia reinsurance; participants are premium participants or premium companies on reinsurance.

The legal provision, mudharabah musytarakah can be done by premium companies, because it is part of mudharabah law. Mudharabah Musytarakah can be applied to Sharia insurance products that contain savings and non-saving elements.

Previously, DSN had decided on a fatwa on Hajj Insurance. DSN Fatwa No: 39/DSN-MUI/X/2002 states that hajj coverage contributions that are not justified according to sharia are dues for coverage that use conventional systems. “Hajj insurance that is justified under sharia is a dues coverage based on sharia principles,” the fatwa reads.  DSN MUI also set the hajj premium which from sharia principles is please-help between hajj pilgrims.

The Tarjih & Tajdid Assembly of muhammadiyah central leadership has also issued a fatwa related to pension savings (Taspen), life insurance contributions and accident compensation. In its fatwa, the Muhammadiyah Tarjih Assembly stipulates Taspen money, soul premium money and accident compensation money including relics.

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