Kontroversi Asuransi di Indonesia: Telaah Fatwa Majelis Ulama Indonesia (MUI) tentang Badan Penyelenggara Jaminan Sosial (BPJS)

Mubarrak, Husni

doi:10.21111/tsaqafah.v12i1.370

Cited by 4 publications

(5 citation statements)

References 2 publications

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“…Insurance can not only collect large amounts of capital but can also empower these funds to be developed through investment schemes whose profits will return to the participants themselves. In addition, insurance can also be developed to help the country's development sector (Mubarrak, 2016).…”

Section: Exploring Insurance Principles A) Insurance As Social Securitymentioning

confidence: 99%

“…The Muktamar Tarjih Muhammadiyah Assembly meeting in 1987 in Malang, East Java, decided that all forms and types of conventional insurance containing maisir, gharar, and riba are legally haram. However, in the decision, insurance that is directly managed by the government, which still uses conventional systems such as Health Insurance (ASKES), and retirees (TASPEN), is allowed for a while because it contains benefits, although it is still proposed to use the sharia insurance system (Mubarrak, 2016).…”

Section: Exploring Insurance Principles A) Insurance As Social Securitymentioning

confidence: 99%

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Optimizing Sharia Insurance in Building Halal Value Chain

Dzukroni

Afandi

2023

MALIA

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<em>The phenomenon of the halal lifestyle demands modern society to fulfill sharia principles in almost all aspects of life. In order to improve the quality of halal integrity to reach the global market potential of US$ 2.3 trillion, a system is built that can accommodate halal products. In the end, a halal value chain was formed that could integrate various companies and industries to work hand in hand to build a halal ecosystem. One aspect that cannot be abandoned in the development of the halal ecosystem is the financial sector in which transactions and financial mobilization occur. Of course, the system used is Islamic finance, in accordance with the principles of the halal value chain. One of the Islamic finance sectors is sharia insurance. In general, insurance is used as a guarantee if one day there is a loss to the related party. The halal industry certainly does not guarantee the avoidance of business actors from losses. From this, it can be understood that Islamic insurance plays a vital role in developing the halal value chain. Therefore, further research is needed regarding the identification of the role of Islamic insurance in optimizing the halal value chain. This research using qualitative methods and library research aims to analyze the role of sharia insurance in developing the halal value chain. The results found that almost all halal value chain clusters such as food and beverage clusters, halal tourism, fashion, cosmetics, and recreational media require sharia insurance to develop the halal value chain. This is because sharia insurance can guarantee the continuity of sharia-based businesses if there is an unthinkable loss one day. The government needs to pay more attention to implementing the Islamic financial system, one of which is sharia insurance, if it wants to create a halal ecosystem in Indonesia.</em>

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Section: Exploring Insurance Principles A) Insurance As Social Securitymentioning

confidence: 99%

Section: Exploring Insurance Principles A) Insurance As Social Securitymentioning

confidence: 99%

Optimizing Sharia Insurance in Building Halal Value Chain

Dzukroni

Afandi

2023

MALIA

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“…Previous works by Indonesian scholars on fatwas issued by the National Sharia Council (DSN-MUI) primarily focused on banks (Nasrodin, 2009;Hidayah, 2011;Rahmi, 2014;Fauzan, 2019), pawnshops (Aminuddin, 2010;Sodriyatun, 2010;Subagiyo, 2014), hajj savings (Hadi & Widyarini, 2011;Ajib, 2013;Sopa & Rahmah, 2013;Tho'in & Prastiwi, 2016;Hakim, 2018), trade (Fathoni, 2013;Pary et al, 2021), and insurance (Ridwan, 2014;Hidayat & Zaki, 2015;Isnaini, 2016;Mubarrak, 2016;Muslim & Hadiwinata, 2018;Sarpini, 2019;Indra et al, 2022). To the best of our knowledge, studies of fatwas in the stock market are limited.…”

Section: Literature Reviewmentioning

confidence: 99%

Analysis of Fatwas by the National Sharia Board-Indonesian Council of Ulama on the Stock Market

Andriansyah

2023

Millah J. Rel. Stud.

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This research aims to analyze the fatwas issued by the National Sharia Board-Indonesian Council of Ulama (Dewan Syariah Nasional Majelis Ulama Indonesia, abbreviated DSN-MUI in Bahasa Indonesia) concerning activities in the stock market. This study focused on the characteristics and general development of these fatwas. This study adopts a normative approach to examine whether the DSN-MUI fatwas related to the stock market. The data utilized in this study are of a secondary nature, encompassing fatwa information issued by the DSN-MUI. These data were further analyzed using a descriptive-qualitative approach and content analysis, particularly pertaining to fatwas. The results of this research indicate that the fatwas issued by the DSN-MUI serves varying purposes across different periods. These fatwas sometimes emerge as responses to questions about business matters or as reactions to recent developments in stock market products. Another finding of this study is that the fatwas issued by the DSN-MUI followed a specific pattern in its structure, starting with verses from the Quran and Hadith of the Prophet, followed by Fiqh principles, opinions of classical and contemporary scholars, and concluding with the National Sharia Board's stance on the specific topic. The development of these fatwas reflects the gradual (tadarruj) principle within Islamic jurisprudence regarding legal action.

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“…NU allows not only social security but also life insurance if it meets the requirements, which are: containing savings, there is a tabarru' agreement which only applies to virtues, investment in sectors that are permissible under Islamic law, funding claims can be done at any time when participants are in need without waiting for due date, and premium payments that are not paid off at a predetermined time will be considered a debt that can be repaid on subsequent provisions of the premium payments, and the account will remain valid without closure or forfeited funds. 71 To ensure the premium from an agency that has registered its workers as a BPJS Employment participant is paid on time, it is necessary to impose sanctions as a form of assertiveness in labor protection. However, for the less fortunate, the premium of the social security program is paid by the government as stated in the law of the Republic of Indonesia number 40/2004 concerning the National Social Security System, chapter V concerning Participation and Contributions in Article 17 Number 4.…”

Section: Pension Insurance Program (Jp)mentioning

confidence: 99%

The Contract of the Social Security Agency for Employment (BPJS Ketenagakerjaan) in The Perspective of Sharîa Economic Law

imaniyah¹

2019

Al-Ihkam

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In providing social security, the government requires all Indonesian workers to become members of the BPJS Employment. However, because the majority of the population is Muslim who live based on the laws of the Quran and Sunnah, it is necessary to review whether the BPJS Employment has fulfilled the sharia economic law or not. By applying the method of normative legal research and interview techniques to parties concerned, this study concludes that the contract of the BPJS Employment program does not deviate from the sharia economic law (Islamic economic law) because, in the compensation on accident during the work program (JKK) it can be categorized as tabarru' contract which only applies to virtue. The Death Insurance program (JKM) is an implementation of alta'mîn al-ta'âwunî, which is ta'âwun in a tabarru' contract. As for the Old Age security program (JHT), it's concept is similar to the contract of mudlârabah musytarakah. The same goes for the Pension Insurance (JP) program as a transition from the contract for wârits.

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Kontroversi Asuransi di Indonesia: Telaah Fatwa Majelis Ulama Indonesia (MUI) tentang Badan Penyelenggara Jaminan Sosial (BPJS)

Cited by 4 publications

References 2 publications

Optimizing Sharia Insurance in Building Halal Value Chain

Optimizing Sharia Insurance in Building Halal Value Chain

Analysis of Fatwas by the National Sharia Board-Indonesian Council of Ulama on the Stock Market

The Contract of the Social Security Agency for Employment (BPJS Ketenagakerjaan) in The Perspective of Sharîa Economic Law

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