Questioning Insurance In Islam (part 2)

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INSURANCE LAW

Tijari insurance (which is a business for profit) with all types is haraam, because:

1. Insurance agreements are agreements that contain the replacement property and uncertainties include the danger that very much.

Abu Hurayrah said:

"The Prophet sallallaahu 'alaihi wa sallam forbade the sale and purchase and sale and purchase gharar gravel." (Narrated by Muslim. 1513)


Buying and selling with gravel, as a seller says "I sold the affected fabric that I throw pebbles." Or "I started here selling this land to a distance of gravel that I throw." Or something that is not immediately clear.

Who's buying and selling is selling gharar containing lack of clarity, intrigue, and unable to deliver the goods, such as selling fish in the pond, sell birds that fly through the air, and the like. (See Sharh Muslim by Imam Nawawi)

2. Insurance including types of gambling. Because of him there is danger of loss in exchange of property, loss by without doing harm or cause, and profits with no benefits or with benefits that are not worth it. Because the new deposit insurance clients sometimes once installments, then the accident occurred, so the insurance company suffers a loss of insurance money. Or not an accident, so that insurance companies take advantage of insurance installments, installments with no benefits.

3. Insurance agreements contain usury. Because profits are found by the company without compensation, while an additional customer benefit from the wealth that have nothing to return anyway. And the prohibition of usury in Islam is very hard.

4. Insurance is a race that is haraam, because it contains a lack of clarity, the danger of losses, and gambling. And the Islamic shariah does not allow race that the winner took her possessions, except that there is a defense and to raise the victory of Islam with Islam or with weapons hujjah. And the Prophet sallallaahu 'alaihi wa sallam has limited the race that the winner took the wages of three kinds:

"Not allowed to take the prize possessions except in the camel race, horse, or arrows." (Narrated by Abu Dawood, no. 2574; Tirmidhi, no. 1700)

That may not take property with race except in one of the three cases above. Because the three-and-semaknanya including preparation of war and force the enemy to fight jihad. And give a gift to him is the encouragement to jihad.
5. Insurance agreement, in it contains other people taking property without compensation, this is a bathil way.

6. Insurance agreements require something not required by the Shari'ah. Because insurance companies do not make an accident and not doing things that cause accidents, but he was obliged to pay the claim. That's because the agreement with the client to ensure the danger in case of installment payments in exchange for the customer.

Based on this information, then a lot of fatwas of the scholars who forbid tijari with all types of insurance. From this description it appears that many outstanding insurance, which was conducted as a business for profit, including the case which is prohibited in the Shari'ah. The insurance is allowed at At-Ta'miin Ta'aawuniy (mutual insurance) as above. And Allaah knows best.