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Kontroversi Asuransi di Indonesia: Telaah Fatwa Majelis Ulama Indonesia (MUI) tentang Badan Penyelenggara Jaminan Sosial (BPJS) Husni Mubarrak
TSAQAFAH Vol 12, No 1 (2016): Islamic Economics
Publisher : Universitas Darussalam Gontor

This study aims to discuss on The Fatwa of The Council of Indonesian Ulama (MUI) on Health Insurance (BPJS) in 2015 which has arousing various different opinions either among elite or civilians in Indonesia. As the adviser for the Government of Indonesia in terms of religious issues, MUI questioned about the validity and appropriateness of the BPJS practice in concordance with the Islamic sharia law. At least, there are three issues which underlie the formulation and the publication of the fatwa: ranging from conformity concepts and practices of BPJS with legislation and sharia principles; what alternative solutions that can replace the presence of BPJS if it proved not qualified of sharia compliant; as well as the determination of 2% motive penalty for late payment of participant contributions, would it not contravene the sharia law? This fatwa, however, is in line with previous fatwa which issued by MUI in year 2001 on Guideline for Islamic Insurance. In MUI’s view, the operational system of BPJS still shackled within the framework of conventional insurance. By using ‘aqd mu’âwadah and presenting a pattern of relations “insurer-insured” in the management of handling BPJS insurance, not guarantee it is free from gambling, uncertainty, usury elements, which is strongly opposed to Islamic sharia law, and therefore, the concept of takâful within sharia framework as referred in the fatwa of MUI in 2001 on Guidelines for Islamic Insurance, is offered as an alternative solution formula in justice and welfare insurance for all citizens, especially for Muslims.

الأفكار المشبوهة حول دراسة النسخ في علوم القرآن: التعليقات والتعقيبات Husni Mubarrak
TSAQAFAH Vol 12, No 2 (2016): Qur'anic Studies
Publisher : Universitas Darussalam Gontor

This article discusses naskh in the studies of the Qur’an (‘Ulûm al-Qur’ân). The research focus begins on different understandings and interpretations on stoning punishment for adulterers who had married, based on the story of a Prophet’s companion, Umar ibn Khattab, who said that it was a part of the Qur’an until it then removed from the Qur’an, even though the law is still in force. This story is often used as an example of a naskh criteria that the script had been removed from the Qur’an, even though the law remains in force which were frequently targeted as a form of negligence and mistakes that (probably) there are parts of the Qur’an forgotten, missed or even disappeared when the collecting and codifying the Qur’an in the Ṣaḥâbah (Companions) period since the era of Abu Bakar up to Utsman ibn ‘Affan. These diverse understandings and various thinking related to naskh in al-Qur’an are awkward things which are strongly influenced by orientalism mind and thinking that then come to the surface until, in turn, led to doubt on the validity of the Qur’an that exist today until arousing some efforts to reconstruct and reorder the Qur’an based on corresponding period. This article is quietly concerned to criticize and straighten naskh understanding of the Qur’an with reference to the main reference (mother books) in the tradition of ‘Ulûm al-Qur’ân (Turâts) which are valid and can be justified scientifically.

Kontroversi Asuransi di Indonesia: Telaah Fatwa Majelis Ulama Indonesia (MUI) tentang Badan Penyelenggara Jaminan Sosial (BPJS) Husni Mubarrak
TSAQAFAH Vol. 12 No. 1 (2016): Islamic Economics
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v12i1.370

This study aims to discuss on The Fatwa of The Council of Indonesian Ulama (MUI) on Health Insurance (BPJS) in 2015 which has arousing various different opinions either among elite or civilians in Indonesia. As the adviser for the Government of Indonesia in terms of religious issues, MUI questioned about the validity and appropriateness of the BPJS practice in concordance with the Islamic sharia law. At least, there are three issues which underlie the formulation and the publication of the fatwa: ranging from conformity concepts and practices of BPJS with legislation and sharia principles; what alternative solutions that can replace the presence of BPJS if it proved not qualified of sharia compliant; as well as the determination of 2% motive penalty for late payment of participant contributions, would it not contravene the sharia law? This fatwa, however, is in line with previous fatwa which issued by MUI in year 2001 on Guideline for Islamic Insurance. In MUI’s view, the operational system of BPJS still shackled within the framework of conventional insurance. By using ‘aqd mu’âwadah and presenting a pattern of relations “insurer-insured” in the management of handling BPJS insurance, not guarantee it is free from gambling, uncertainty, usury elements, which is strongly opposed to Islamic sharia law, and therefore, the concept of takâful within sharia framework as referred in the fatwa of MUI in 2001 on Guidelines for Islamic Insurance, is offered as an alternative solution formula in justice and welfare insurance for all citizens, especially for Muslims.

الأفكار المشبوهة حول دراسة النسخ في علوم القرآن: التعليقات والتعقيبات Husni Mubarrak
TSAQAFAH Vol. 12 No. 2 (2016): Qur'anic Studies
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v12i2.764

This article discusses naskh in the studies of the Qur’an (‘Ulûm al-Qur’ân). The research focus begins on different understandings and interpretations on stoning punishment for adulterers who had married, based on the story of a Prophet’s companion, Umar ibn Khattab, who said that it was a part of the Qur’an until it then removed from the Qur’an, even though the law is still in force. This story is often used as an example of a naskh criteria that the script had been removed from the Qur’an, even though the law remains in force which were frequently targeted as a form of negligence and mistakes that (probably) there are parts of the Qur’an forgotten, missed or even disappeared when the collecting and codifying the Qur’an in the Ṣaḥâbah (Companions) period since the era of Abu Bakar up to Utsman ibn ‘Affan. These diverse understandings and various thinking related to naskh in al-Qur’an are awkward things which are strongly influenced by orientalism mind and thinking that then come to the surface until, in turn, led to doubt on the validity of the Qur’an that exist today until arousing some efforts to reconstruct and reorder the Qur’an based on corresponding period. This article is quietly concerned to criticize and straighten naskh understanding of the Qur’an with reference to the main reference (mother books) in the tradition of ‘Ulûm al-Qur’ân (Turâts) which are valid and can be justified scientifically.

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