Insurance Law

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It is as if a man’s future is always bleak. There will be accidents, houses are not conducive & can burn or theft, the company can not be guaranteed to continue, children’s education can so suddenly need a big porto in the coming years. That’s the image that the dues party is moving. What is depicted is a future that is always bleak. There is no sense of tawakkal and no belief in God’s promise that will always provide help and convenience. Why is the contribution of coverage that is always used as a solution for the future? A simple review this time will review about premiums and how we should behave.

Insurance is a word used to refer to actions, systems, or businesses where financial protection (or financial compensation) for life, property, health and so on get reimbursed from unexpected events that can occur such as death, loss, damage or illness, which involves paying premiums regularly in the term when exclusively becomes a replacement policy that guarantees such protection. (Wikipedia)

Various Reasons for Insurance’s Prohibition

Various types of insurance are originally illegal both life insurance contributions, goods insurance, trade premiums, car insurance, and accident coverage dues. In summary, coverage dues become problematic because there is still riba, qimar (gambling element), and ghoror (uncertainty or high speculation).

Here are the details of why insurance is prohibited:

1. The contract that occurs in insurance is an agreement to seek profit (mu’awadhot). If we review more deeply, the insurance contract itself contains ghoror (element of obscurity). The first uncertainty is based on when nasahab will get reciprocity in the form of a claim. Not everyone who as a customer is able to get a claim. When he accepts an accident or risk, then he can ask for a claim. Even though the accident here is indeterminate, there are no ones who are able to know it. It may be that someone receives an accident every year, it may be that for many years he does not receive accidents. It’s the ghoror side at the time.

The other side of the ghoror is based on the side of the amount of claim to be the lead home that will be obtained. It is not known how much the claim was. Whereas the Apostle shallallahu ‘alaihi wa sallam had prohibited the sale and purchase containing ghoror or high speculation as in the hadith according to Abu Hurairah, he said,نَهَى رَسُولُ اللَّهِ -صلى الله عليه وسلم- عَنْ بَيْعِ الْحَصَاةِ وَعَنْ بَيْعِ الْغَرَرِ

“Allah’s Apostle shallallahu ‘alaihi wa sallam forbids based on the sale and purchase of hashoh (the result of gravel throwing, that is what is purchased) & prohibits based on buying and selling ghoror (contains elements of obscurity)” (HR. Muslim no. 1513).

2. From the other side, premiums contain qimar or gambling elements. It could be that customers do not get accidents or it can also happen once, and so on. Here means there is great speculation. The premium giver can be a profit because it does not issue any compensation. One time the premium party can lose big because of poly who received a disaster or accident. From the customer’s own side, he is able to not get any claims because he has never experienced an accident or risked it. There are even customers who have only paid coverage dues several times, but he is entitled to receive his claim in full, or vice versa. This is a gambling that contains high speculation. Even though God has clearly prohibited gambling based on the generality of the verse,يَا أَيُّهَا الَّذِينَ آَمَنُوا إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالْأَنْصَابُ وَالْأَزْلَامُ رِجْسٌ مِنْ عَمَلِ الشَّيْطَانِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ

“O believers, indeed (drinking) khamar, maysir (gambling), (sacrifice for) idols, vote for fate with arrows, is including satanic deeds. So stay away from those deeds so that you may have good luck” (QS. Al Maidah: 90). Among the forms of maysir is gambling.

3. Insurance contains elements of riba fadhel (business riba due to something excessive) and riba nasi’ah (riba due to delay) simultaneously. If the premium company pays to its customers or to its heirs the agreed claim money, at a larger amount based on the nominal insurance he received, then it is riba fadhel. As for if the company pays a claim amounting to the dues of coverage he received but there is a delay, then it is riba nasi’ah (delay). In this case the customer seems to give a loan to the premium party. There is no doubt that the 2 riba is haram from the proposition and ijma’ (clerical agreement).

4. Insurance includes a form of gambling using prohibited bets. Gambling we know there are still bets, then this is the same as the contribution of coverage planted. The premium here is the same as betting in gambling. But those who accept claims or lead back are not everyone, some accept, some do not at all. This form for example is prohibited because the form of gambling that there are bets is only allowed on 3 games as mentioned in the hadith abu Hurairah, The Prophet shallallahu ‘alaihi wa sallam said,لاَ سَبَقَ إِلاَّ فِى نَصْلٍ أَوْ خُفٍّ أَوْ حَافِرٍ

“There are no bets in races except on archery races, camel races, and horse races” (HR. Tirmidhi no. 1700, An Nasai no. 3585, Abu Daud no. 2574, Ibn Majah no. 2878. Judged shahih by Shaykh Al Albani). The scholars recommend the above 3 games with everything that helps in the Islamic struggle, such as a competition to memorize the Qur’an and a competition to memorize hadith. While the coverage contribution is not included in this.

5. In the insurance there is still a form of eating other people’s property using a vanity road. The insurance takes the property but does not always put reciprocity. Whereas in the contract mu’awadhot (which there are conditions to get benefits) sine qua non-lead returns home. if it is not, then it is included in the generality of the word of Allah Ta’ala,

يَا أَيُّهَا الَّذِينَ آَمَنُوا لَا تَأْكُلُوا أَمْوَالَكُمْ بَيْنَكُمْ بِالْبَاطِلِ إِلَّا أَنْ تَكُونَ تِجَارَةً عَنْ تَرَاضٍ مِنْكُمْ

“O believers, do not eat each other’s property using the vanity of the way, except by the way of business that occurs mutually among you” (QS. An Nisa’: 29). Of course, everyone is not happy when they have given money, but they do not get reciprocity or profit.

6. In insurance there is a form of coercion without existing because of the syar’i. It was as if the customer forced the accident to happen. Then the customer guarantees in the premium party to provide compensation even though the cause of the accident is not based on them. Coercion for example is clearly illegal.

[Developed from the description of majlis Majma Fikhi in Makkah Al Mukarromah, KSA]

“The Future Is Always Bleak” Replaces using “Tawakkal”

In the framework of promotion, which is planted in our minds the dues party coverage is a future that is always bleak. “You can get an accident”, “Children’s education can swell and we have no preparations”, “We can need treatment that comes with a large cost”. Those are slogans to attract us to make as customers in the insurance contribution company. There is no teaching to rely on using sahih. Though tawakkal is the real way out of all difficulties and worries of a bleak future. Because Allah Ta’ala himself promises,وَمَنْ يَتَّقِ اللَّهَ يَجْعَلْ لَهُ مَخْرَجًا (2) وَيَرْزُقْهُ مِنْ حَيْثُ لَا يَحْتَسِبُ وَمَنْ يَتَوَكَّلْ عَلَى اللَّهِ فَهُوَ حَسْبُهُ

“Whoever is afraid of God will surely Make for him a way out, and give him sustenance in an unexpected direction. and Whoever is obedient to Allah will surely Allah will fulfill his (needs)” (QS. Ath Tholaq: two-3).

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