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Friday, July 16, 2010

Insurance in the view of Islam

What the Insurance?
Insurance is a mechanism of transfer of risk from the insured (customer) to the Underwriters (the insurance). With the number of premiums that is for sure, free from the uncertainty Insured losses may be suffered.

Is the primary function of insurance?
The primary function of insurance is to place the financial position of the insured back to the time before there is a loss / loss.
What is the difference between the Life Insurance Life Insurance?
The difference lies in the object coverage. In life insurance coverage is an object of the human soul, whereas in life insurance coverage is an object of the goods or properties (houses, cars, factories, etc.) and legal obligations to third parties.
there are several laws regarding the use of this insurance:
Ihktilaf some scholars who allow insurance
The most prominent difference is divided into three, namely:

a. The first opinion: proscribe

Insurance is forbidden in all different forms, including life insurance
This opinion was expressed by Sayyid Sabiq (read: Fiqh Sunnah), Joseph Qardhawi. The reasons they put forward are:
1. Insurance similar to gambling
2. Insurance ungur contain uncertain elements.
3. Insurance contain elements of usury / renten.
4. Insurance including the sale and purchase or exchange of currency is not cash.
5. Life and the dead man as object of a business, and similarly with the preceding decree of Allaah.


b. Second Opinion: Allowing

Secondth opinions expressed by Abd. Wahab Khalaf (in Usul Fiqh), Akhmad Mustafa Zarqa (professor at the faculty of Sharia Islamic Law University of Syria), Muhammad Yusuf Musa (Isalm law professor at the University of Cairo, Egypt). They reasoned:
1. There are no texts (the Qur'an and Sunnah) which prohibits insurance.
2. There is a consensus and willingness of both parties.
3. Mutually beneficial to both parties.
4. Insurance can overcome the public interest, because the collected premiums can be invested for productive projects and development.
5. Insurance included mudhrabah contract (for results)
6. helping each other
7. Insurance in analogication (qiyaskan) with the pension system as Taspen.


c. Third opinion: Social Insurance should and illicit commercial

The third opinion is adopted, among others, by Mohammad Abdu Zahrah (professor of Islamic law at Cairo University).
The third group is the same reason the first group in the commercial insurance (haram) and the same with the second group of reasons, in the social insurance (allowed).
Reason groups who say the insurance is doubtful because there is no theorem that is not expressly forbidden or illicit insurance.
Reference please go to:
1. Al-Quran Al-karim.
2. Al-fiqh al-wa Islamy adillatuhu, DR. Wahbah Azzuhaily.
3. Al-Islam wal manahij al-Islamiyah, Moh. Al Gozali.
4. Insurance in Islamic law, Dr. Hamid Hussain Hisan.
5. Magazine al-buhuts al-Islamiyah, a collection of great scholars at research institutions, legal opinions, and propaganda.
6. Masail al-fiqhiyah, zakat, taxes, insurance and financial institutions, M. Ali Hasan.
7. Halal and haram, DR. Muhammad Yusuf al-Qordhowi.
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