SISTEM TABARRU’ DALAM ASURANSI SYARIAH

RISWANTO, NIM. 11380028 (2018) SISTEM TABARRU’ DALAM ASURANSI SYARIAH. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Sharia insurance is a mutual protection effort and help among a number of people or parties through investment in the form of assets and or tabarru' which provide the pattern of return to face certain risks through the contract (engagement) in accordance with the principles of sharia. In Takaful insurance there are two contracts that become the basis of Takaful insurance, namely contract tijarah and contract tabarru'. During this time, many provide a negative assessment of Sharia insurance practices, namely related aspects of tijarah that could be trapped in conventional financial practices. The practice of tijarah is seen as a form of profit and defeats the aspect of tabarru' (mutual help) which is also embodied in the practice of Takaful insurance. Here, this work comes providing an analysis related to sharia insurance in relation between tijarah and tabarru'. Related to this, this study explains that Takaful insurance should return to the general guidelines. They are mutual protections and help among some people through investments in the form of assets and or tabarru' which provide a pattern to deal with certain risks through contract (transactions) in accordance with the sharia, namely the contract that does not contain maghrib: maisir (gambling), gharar (deception) and usury. The nature of prioritizing personal interests or encouragement to gain profit solely, eliminated as little as possible in Takaful insurance. But there are also those who make the insurance arena speculation (maisir), which becomes insurance as a contract of sale or exchange (mu'awadhah) is not a mutual help mutual help (ta'awun'). The stipulation concerning the legal status of Takaful Insurance was in the National Conference of Alim Ulama in year 2006 which explains the choice of legal and insurance model that is free from the differences of fiqh scholars (al huruj minal khilaf mustahabbun) forbidden and which justifies conventional insurance practices. In the decision, it is strictly stipulated that the provisions of tabarru' in Takaful Insurance comply with the legal standards of the scholars'. The firmness of tabarru' is also affirmed by the scholars of the school of thought, so the practice of tabarru' in Takaful complies with fiqh standards. contract tabarru' this is precisely the entrance of Takaful insurance in building people. Therefore, in contract tabarru' the giving of sincerely giving something without any desire to accept anything from the person receiving, except the goodness of Allah SWT. Donating some property with the aim of helping someone in the face of adversity is highly recommended in Islam.

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