Asuransi Konvensional dan Asuransi Syariah dalam Hukum Islam Kontemporer

Abstract

Insurance based on the operational system is divided into two types,namely: conventional insurance and Islamic insurance (takaful). Thiscurrent research aims to explore and explain the difference betweenconventional insurance and Islamic insurance as well as both legalstatuses of the insurance in contemporary Islamic law. This study waslibrary research by analyzing the perspectives of ulema (Islamicscholars). The research findings reveal that firstly, the differencebetween conventional and Islamic insurance could be noticed fromthe characteristics and contract (aqad) provided by both of theinsurance. Secondly, both legal statuses of the insurance that wereviewed from the perspectives of ulema demonstrated (a) all forms ofinsurance were haram (forbidden/sinful), (b) all forms of theinsurance were mubah (neutral), (c) all forms of social insurance weremubah (neutral) while commercial insurance was haram, and (d) allpractices of insurance were syubhat (suspected-could be halal orharam). Keywords: Conventional Insurance, Islamic Insurance, Contemporary Islamic Law.