Understanding of Sharia Insurance Description Comment

Understanding of Sharia Insurance 

The definition of Sharia Insurance based on the National Sharia Council (DSN) and the Indonesian Ulema Council (MUI) is a mutual protection effort and help among a number of people through investments in assets and / or tabarru' that provide a pattern of return to deal with certain risks through the Agreement in accordance with sharia.

Sharia Insurance is a system in which participants donate part or all of the contributions/premiums they pay to be used to pay claims for the disasters experienced by some participants. The process of the relationship of participants and companies in the mechanism of coverage on Islamic insurance is sharing of risk or "bear the risk". In the event of a disaster, all Sharia Insurance participants bear each other. Thus, there is no risk transfer ( transfer of risk or "risk transfer") from the participant to the company as in conventional insurance. The role of insurance companies in sharia insurance is limited only as the holder of the trust in managing and investing funds from contributions of participants.

So in Takaful Insurance, the company only acts as an operational manager only, not as an insurer as in conventional insurance.

Tabarru' 

The definition of tabarru' is donation or charity (in Islamic definition is Grant ). This donation or charity ( grant ) or benefit fund is given and sanctioned by the Takaful participant if at any time it will be used to pay the claim or other insurance benefit.

With the tabarru' funds from the participants of this Takaful Insurance then all the funds to bear the risk collected by the participants themselves. Thus the policy contract on the Takaful insurance places the participant as the bearer of the risk, not the insurance company, as in conventional insurance.

Because the funds collected and used from and by the participant must be managed well in terms of administrative and investment, for the participant authorize the insurance company to act as the operator in charge of managing the funds properly.

So it is clear here that the position of sharia insurance companies is only as a manager or operator only and NOT as the owner of the funds. As a manager or operator, the function of the insurer only MANAGES the funds of participants only, and managers may not use those funds if there is no power of the participants.

Thus the element of uncertainty ( Gharar ) and the chances ( Maysir ) will be lost because:

  1. The position of the participants as the owner of the fund becomes more dominant compared with the position of the company that only as a fund manager only participants. 
  2. Participants will receive benefit sharing from tabarru' funds collected. 

This is certainly very different from conventional insurance ( non-sharia ) in which the policyholder does not know exactly how much the premiums collected by the company, whether the amount is greater or smaller than the payment of claims made, because here the company, as underwriters, are free to use and invest funds anywhere.
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