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All Journal ESENSI: JURNAL BISNIS DAN MANAJEMEN Al-Iqtishad : Jurnal Ilmu Ekonomi Syariah (Journal of Islamic Economics)
Desmadi Saharuddin
Syarif Hidayatullah State Islamic University of Jakarta
Religion Economics, Econometrics & Finance Social Sciences

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Asuransi Syariah dalam Praktik (Studi Analisis Terhadap Shariah Compliance) Desmadi Saharuddin
Esensi: Jurnal Bisnis dan Manajemen Vol. 4, No. 3, Desember 2014
Publisher : Faculty of Economic and Business

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ess.v4i3.2438

Abstract

The prohibition against gharar, gambling, and riba, is aimed to distance people from the act of taking property or the property of another by any wrongful means. In order to ensure those prohibited practices not happened in the company’s operations, syari’ah insurance company implements rules derived from the teachings of Islam. When conventional insurance can’t be separated from the elements of gharar, gambling, riba, riswah, and zhulm, the operation of  syaria’ah insurance must be free from the prohibited practices, whether it is in the element of contract, product, investment, re-insurance, policy, marketing, or claims settlement. When conducting business with customers, syari’ah insurance must also be free from any transactions that contain elements of khidâ ', ghaban, tadlis, jahala, khiyânah, riswah, ihtikar. For syari’ah insurance to be free from those that are forbidden, the operation should not only focused on enforcing Islamic contract, products and systems alone, but also utilizes trusted human resources. Without the human resources that understand mu'amalah Shari'ah and Islamic law, the Islamic contracts will be easily diverted. Whatever the argument, there are chances that can create inconsistent practices with the basic foundation in Islamic financial institutions without exception on syari’ah insurance.DOI: 10.15408/ess.v4i3.2438
ASAS INDEMNITAS DAN KAFÂLAH DALAM ASURANSI SYARIAH Desmadi Saharuddin
Al-Iqtishad: Jurnal Ilmu Ekonomi Syariah Vol 5, No 1: January 2013
Publisher : Faculty of Shariah and Law, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (434.234 KB) | DOI: 10.15408/aiq.v5i1.2560

Abstract

The main objectives of a person to invest are to become wealthier and to gain tranquility in his life. It becomes absurd when the right customers for indemnity (kafâlah) towards customers who received a risk become unguaranteed. The customer is often difficult to understand the terms contained in the insurance policy that written in a very small font. The ambiguities of these terms become significant obstacles in the settlement of claims. Cases of claim are mostly the result of the customer’s difficulty in understanding these terms and the lack of a good explanation of the company concerning the content of the policy.DOI: 10.15408/aiq.v5i1.2560
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