Law of Sharia Insurance among Ulama

The issue of this insurance is included issues that invite differences of opinion among the Ulama (scholars), both the pros and cons. The emergence of a counter opinion, among others, caused by a number of reasons. That is, insurance is a business of betting and uncertainties.
Especially if associated with life insurance, where some parties argued that life insurance is as if an attempt to "challenge the" destiny of God. Even in Western countries, many cases occur, where the heirs have the heart to "harm" that a parent or family to get their property policyholders from insurance claims. As a result, some scholars in the West and then proscribe life insurance.

However, all these bad side can resolved when the "rules of the game" was adapted by sharia insurance. According to the majority opinion (jumhur scholars), insurance is not the business of betting and uncertainty, but one way to prepare for the future, as has been commanded by God in Sura 59:18.
Then, this insurance also can be a means to prepare future generations better, and not the next generation of weak and helpless (Sura 4:9). Thus, our participation in child education insurance for example, is one way to ensure the sustainability of the education of future generations.

Furthermore, the type of transaction was developed syaria insurance has a different philosophy than conventional insurance. In the conventional concept, the premium paid to the company, become the property of the company, so the company is free to invest the fund premiums anywhere, regardless of halal and haraam. While the contract of sharia, there are two transactions that are developed, namely tabarru'(virtue) and tijarah / business through mudharabah (profit sharing).

In agreement tabarru', policyholders will each donated funds for the common good. These funds will be given to policyholders when "something happened" to them. The philosophy that was built here is a sense of caring and helping spirit, as stated in Surah 5:2. Thus, the spirit of brotherhood as a solid body will be seen here, where if one part of the sick, the others will also feel it (Muslim, Nu'man ibn Basyir ra).

Next on mudharabah, the relationship between the policyholder by the company is the relationship between investor (rabbul maal, ie insurance participants) with the fund manager (mudharib, ie the company). The company is obliged to invest the policyholders funds on sectors that lawful business and thayyib. Any profit earned will then be distributed based on revenue sharing as agreed.

With a concept like this, then there should be no doubt about the halal products from syaria insurance.