Insurance, the nature, type and statute
Wednesday, September 6, 2006 9:22 pm
(Decree of the National Conference of Ulama Lampung Alim, 1992)
A. Insurance Definitions
According to Article 246 of the Criminal Code:
"Insurance or coverage is an agreement, by which an insurer to adhere to an insured, to receive a premium, to provide reimbursement to him for: any loss, damage or loss of expected profits, which may be suffered because of something that is not certain. "
2. Types of Insurance
2.1. Insurance is insurance that provides compensation to the insured who suffered the loss of goods or possessions, where the losses occurred due to disasters or hazards to which the insured is held, whether the loss was as follows:
- Loss of value in use or
- Lack of value or
- Loss of profit expected by the insured.
Insurers do not have to membayarganti kepadatertanggung loss over the term of the agreement if the insured object is not a disaster or hazard insured.
2.2. Life insurance is an agreement about payment of money in favor of the premium and related to the life or death of a person as well as re-insurance agreement with the notion of money is no record of the agreement termasuik accident insurance agreement (included in insurance) pursuant to Article I of Chapter I of a Staatblad 1941-101).
In life insurance (which contains SAVING) the insurer will still return the amount of money agreed upon, to the insured
- If the insured to leave the mass effect of the agreement, or
- At the time of your exit berakhirnyajangka the voluntary agreement.
2.3. Social Insurance
Is insurance that provides assurance to the public and organized by the government, namely:
- Insurance of traffic accidents (raharja services).
- Insurance TASPEN, ASTEK. ASKES, ASABRI.
The nature of social insurance
- Can be insurance
- Can be life insurance.
Insurance Law
A. Social Insurance
Social insurance is allowed with the following provisions:
1.1. Excluding social insurance mu'awadlah contract, but is shirkah ta'awuniyah.
1.2. Hosted by the Government. So that no harm is borne by the Government, and if there are advantages to be returned to the public interest.
2. Insurance losses, are allowed on the condition if it meets the following provisions:
2.1. If the insurance is a requirement for the objects of the bank collateral.
2.2. If insurance can not be avoided, as related by the provisions of the Government, such as insurance for the goods imported and exported.
3. Life insurance is haraam unless it meets the following requirements:
3.1. If life insurance is an element of saving (saving).
3.2. At the time of surrender premiums, the insured beniat to save luckily on the insurer (insurance company).
3.3. The insurer intend to save money the insured person's savings in ways that justified / permissible by Islamic Shari'a.
3.4. If before the due date agreed between the insured and the cover as mentioned in the policy (the agreement). the insurer was in great need (emergency purposes) tabungannva money, then the insured can take or mcnarik reintroduction some money savings from the insurer and the insurer is obliged to hand over some money to him.
3.5. If at one time the insured person can not be forced to pay the premiums, then:
3.5.1. Premium money into debt can be repaid by the insured at the times the next premium payment.
3.5.2. The relationship between the insured and the insurer declared broken.
3.5.3. Savings are not otherwise insured property forfeited by the insurer.
3.5.4. Prior to maturity if the insured dies, the heirs are entitled to take some money savings, the insurer is obligated to return some money.
4. The musyawirin support and approve the establishment of an Islamic insurance.
5. Prior to the achievement of the ideals of the Islamic Insurance terwajudnya the existing insurance system should now be fixed by removing the elements of disclosure, so as not to conflict with the guidance of the teachings of Islam
