Basic concept of insurance is helping sharia in goodness and piety. Concept as a basis that is applied in every business transaction agreement existed in helping that make all the participants as a large family of bear one another in the face of risk, which we know as the sharing of risk.
In conventional insurance, insurance is a transfer of risk, namely the transfer of risk from the participant / Insured to the company / underwriter also occur so that transfer of the fund transfer of funds from the Insured to the insurer. As a consequence they also move funds ownership, the funds become the property insurance company.
Some of the differences with the sharia insurance conventional insurance, are as follows:
1. Contract (Agreement)
Every business transaction agreement between the parties must clearly do so by law or non-legal activities to ease the way business is now and the future. Akad (contract) in practice becomes the basis of determining valid or not a transaction of the sharia. This is very much determined to be in the insurance practice sharia. Contract between the company must be clear with the participants, using the sale and purchase contract or helping .
In conventional insurance, contract is based on the tadabuli contract or sale and purchase agreement. Terms legality of a sale and purchase agreement is based on the seller, buyer, price, and goods that diperjual sale. Meanwhile in the agreement applied only in the conventional insurance requirements of the seller, buyer and the goods diperjual sale. While for the price can not be described in quantity, the amount of premiums paid by participants utnuk insurance get some insurance money. Because only God knows that when we die. The Company will pay the money pertanggunggan accordance with the agreement, but the amount of premium akan akan disetorkan by the participants did not clearly depend on age. If you lengthen the age of the participant companies will be hit but when a new one be dead then pay the company akan loss. Thus, according to Sharia views disability occurs because vagueness in terms of how much that will be paid by policyholders (saving on the product) or how much the policy holder will receive (in the non-saving products).
2. Gharar (vagueness)
Gharar / vagueness that occurs in conventional insurance, because of the absence of a time premium payment based on age Insured, while we agree that the age a person is in the hands of the Almighty. If a new pay be Insured dies, the company will indemnify the Insured while the fate of the materials feel. If the Insured lengthen age, and fortunately the company akan Insured feel the financial loss. In other words, both parties do not know how long each party to run the transaction. Vagueness of the period of payment and the amount of payment resulted in an incomplete contract basis, which we know as gharar. The scholars argued that the sale and purchase agreement is legally disabled.
Insurance contract at the sharia tadabuli replaced with contract takafuli, that is a mutual intention to help a fellow participant if there be that find natural. This mechanism is considered by most scholars of the survivors.
In the conventional contract of insurance funds into the property insurance company (transfer of fund). Meanwhile, in the syariah insurance, the funds collected is the property of the participant and the insurance company sharia can not claim to be the property of the company.
3. Tabarru and Savings
Tabarru which means that donations or charity. People who donate called mutabarri (generous). Intention bertabbaru intend to provide good funding outright for the purpose of mutual help to each other fellow participants sharia insurance, when there are of them that get natural. Therefore tabarru funds saved in a special account. If there is a are a, a claim that the funds from the account given is tabarru already diniatkan by fellow participants to help each other.
For life insurance products that contain elements of sharia saving the funds that dititipkan participants (premium) in addition to consisting of elements from tabarru funds there are also elements of the savings fund of funds used as investment by the company. While investments in insurance losses using sharia funds tabarru as there is no saving element. Results from the investment will be distributed to participants in accordance with the contract early. If the participant then pull out the funds of savings and results will be returned to participants in full.
4. Flysoul
In the case of usury, all conventional insurance funds invested with the interest, which means it is always involved in usury. This is also done so during the calculation to the participants, with the profits made in the future. Conventional investment insurance to the government regulations that investment must be done on the type of investment that is safe and profitable and have the liquidity in accordance with the obligations that must be fulfilled. All types of investment stipulated in government regulations based on the interest. Sharia insurance save money in the bank-based system with Sharia concept
No comments:
Post a Comment