Legal interesting Grants / Tabarru Takaful

Legal interesting Grants / Tabarru Takaful

Basically withdraw the grant that has been given to people / other party is haram or not allowed

“People who ask to return something that has been granted / given to other people, is the same as the seeokor dog had vomited and then takes back the vomit” (Mutaffaqun ‘Alaih)

However, there are exceptions in the withdrawal of grants that have been given to someone else, yatiu grant parents to their children.

Rasullah Allah said,

“Haram for a Musilm give something to other people and then ask for it back, except for the provision father to son”.

Tabarru concept in Islamic insurance

Simply put, the concept tabarru in Takaful can be explained that the funds tabarru a fund for mutual help among fellow customers, should not be converted into funds tijari. For example, for the company’s operating costs or even claimed to be the company’s profits.

Tabarru funds, only be used for anything that is directly related to the interests of customers, such as claims, reserves and reinsurance tabarru sharia.

Instead, tijari funds (fund company) should be allocated to fund tabarru if the company mengikhlaskan to tabarru customers.

If classified by designation, premium Takaful participants consisted tabarru funds and funds tijari. Tabarru funds devoted as mutual help to assist customers who experience a disaster. The funds are used for operational costs tijari Islamic insurance companies. Both types of these funds should be managed separately between the fund and tijari tabarru. This is due to uncertainty in the management of funds will have an impact on the destruction of the contract and otomais bedampak in damage insurance contract under sharia.

Tabarru fund is a fund owned by the participants are paid by the customer through the premiums or contributions. These funds are specifically intended for customers who receive a disaster so it is stored in a special account. When invested, the investment was reentered into account tabarru, then if there is a surplus tabarru collected is greater than the total funding claims and expenses charged on those funds within a certain period, surplus funds tabarru dapt distributed in a way, partially restored to customers partially reserved in tabarru reserves and partly allocated for Islamic insurance companies. Such distribution of surplus tabarru follow national Islamic council MUI fatwa, No. 53 / DSN-MUI / III / 2006 concerning the contract Tabarru on sharia Islamic insurance and reinsurance.

The use of contract tijari (goal advantage) for transactions that are mu’awadhah / tabaduli in Islamic insurance has the following consequences:

The amount of the payment to be clear
Time payment must be clear
Diakadkan objects that should be obvious, nevertheless l in purchasing. traded goods should be clear)
Violates any of the elements tersebnut will result in contract contains ghrar. Therefore, the contract is void in law because the contract mu’awadhah / tabadulli requires “certainty” in every way .. Thus, no one injured party, while others benefited.

The problem in insurance, there is the possibility of “uncertainty” because the risk is something that is not certain, for example, there could be a first-time customers to pay a premium and get the disaster that he also received the results of claims / insurance benefits. On the other hand, customers who pay premiums many times, but did not get the benefit because it never gets calamity. Thus, using the contract tabaduli potentially make akadnya imperfect (damaged), even canceled by the law.

This is different from tabarru fund with the following provisions.

At tabarru contract, not in signaled the “certainty” in the time of payment, the payment amount and the object being transacted.

Tabarru one time, two times, three times, and so on without any certainty does not make contract tabarru be imperfect, as if the contract is tabaduli. Likewise, the amount, one million, two million, three million, and so on, does not render the contract tabarru, imperfect as it did in the contract tabaduli.

Certainty benefit was not a requirement, there is no certainty whether a person affected or the absence of certainty, does not render the contract tabarru contains gharar, as if going on contract tabadulli.