Insurance institutions as known today is actually not knownin the early period of Islam, as a result many Islamic literature concludespriori that insurance can not be viewed as a lawful practice.Although it is clear about this insurance agency is not known in periodearly Islam, but there is some activity of life duringProphet that leads to the principles of insurance. For example the conceptshared responsibility with a system called 'Aqilah. The systemhas grown in Arab society before the birth of Prophet Muhammad Laterat the time of the Prophet Muhammad or Islam during the early period of the systempracticed among the immigrants and the Ansar. System 'is a system Aqilahbring together extended family members to contribute in a savingstogether known as "Kanz". Savings aims to providerelief to the families of those killed by accident andto free the slave.The emergence of Islamic insurance business can not be separated from the presence ofconventional insurance companies which have existed for a long time.
Beforethe establishment of Islamic insurance business, there are many companiesconventional insurance has long been developing. If the terms ofengagement of Islamic law is haraam conventional insurance. Thisbecause in conventional insurance operations contain elements gharar(Uncertainty), maysir (speculation / gambling) and riba (interest). This opinionagreed upon by many world renowned scholars such as Yusuf al-Qaradawi, SayyidSabiq, Abdullah al-Qalqili, Muhammad al-Muth'i grabber, Abdul Wahab Khalaf,Muhammad Yusuf Musa, Isa Abd, Mustafa Ahmad Zarqa, and MuhammadNejatullah Siddiqi. However, for reasons of benefit orpublic interest some of them allow for a while there has been noIslamic suitable alternative to conventional insurance operation [4].In Malaysia, the statement that conventional insurance is haraam announcedon June 15, 1972 in which the Division Counsel issued a Fatwa Malaysiadecision that the practice of life insurance in Malaysia according to Islamic lawis unlawful. In addition Small Malaysia Jawatan Counsel in his paperentitled "The Direction of Insurans In Islamic in Malaysia" states thatinsurance today follow the way of Western management and some of its operationsnot in accordance with the teachings of Islam [5].
In the framework of long-term economic development people, the Muslim communityneed to consistently apply the principles of sharia based commercetexts (the texts of religious arguments) a clear or opinions of economic expertsIslam. For that insurance business is based on Islamic principlesIslamic economic institutions that can bring prosperity to the Muslim community shouldrealized and is a necessity.Based on the premise that conventional insurance law is haram, thenthen formulated in the form of insurance to avoid a third elementMuslims are forbidden above the gharar, gambling and usury. Based onBased on analysis of the law (sharia), Islam can be concluded that inIslamic teachings contained the substance of insurance. Insurance contained inthe substance of Islamic law was to avoid the principle ofinsurance operations of elements of gharar, gambling and usury.With the confidence of Muslims in the world and the benefits obtained Leavesthrough the concept of Islamic insurance, was born the various insurance companiesrunning the insurance business based on sharia principles. Companiesrealize this is not the only Islamic insurance company owned peopleIslam, but also various companies owned by non-Muslims and there areconventional-based holding company involved plunging business servicesIslamic insurance by opening Islamic branches and divisions.Along with over time and ijtihad of Islamic economic observercontinuously, eventually they came to a concept that canagreed together and become a reference in the world of Islamic insurance. Conceptwas popular with the name of mutual insurance, cooperation (ta'awuni), ortakmin ta'awuni. The concept is a recommendation fatwa Ta'awuni Insurance ConferenceIslamic Economy convened the first time in 1976 AD in Mecca. Participantsnearly 200 people from among the clergy.
Then strengthened again in courtMajma 'Fiqh Islami' Experience (Institute for World Fiqh) on December 21, 1985Jeddah which decided pengharaman Commerce Insurance Types (Commercial).Majma 'Fiqh as well as scholarly consensus' requires the operation of businessinsurance types of cooperation (ta'awuni) as an alternative to replacetypes of conventional insurance as well as calling on Muslims the world useta'awuni insurance [6]. In order to follow the fatwa andneeds of the people against the insurance based on Islamic law, the decade of the 70s insome Islamic countries or in countries with predominantly Muslimemerging operational principle of insurance which refers to the valuesIslam and avoid the three elements of Islam are forbidden. In 1979Faisal Islamic Bank of Sudan initiated the establishment of insurance companiesIslamic sharia Insurance Co.. Ltd. in Sudan and the Islamic Insurance Co.. Ltd. inSaudi Arabia. The success of Islamic insurance is then followed by the establishmentDar al-Maal al-Islami in Geneva, Switzerland and in Luxembourg Islamic Takaful, TakafulBahamas in the Bahamas and the Islamic al-Islami al-Takaful in Bahrain in 1983.In Malaysia, Sarekat Alone Takaful Berhad was incorporated in 1984 [7].Subsequently followed by other countries such as Bahrain, UAE, Brunei,Singapore, and Indonesia.In Indonesia, new Takaful Insurance emerged in 1994 in line withintroduction of Takaful Indonesia PT Sarekat who later founded 2 childrenPT Asuransi Takaful company in 1994 and Family Insurance Co.General Takaful in 1995. The idea and thought the establishment of insuranceSharia is based in fact already appeared three years before the founding ofTakaful and getting stronger after the inauguration of Indonesia's Bank Muamalat1991. With the operation of Islamic banks felt the need forpresence of Islamic-based insurance services as well. Based on the ideaThe Association of Muslim Intellectuals in Indonesia (ICMI) on July 271993 through Yayasan Abdi Bangsa with Bank Muamalat Indonesia (BMI) andInsurance companies have agreed to initiate the establishment of Tugu Mandiri insuranceTakaful [8].Currently insurance companies that really fully operate asIslamic insurance companies, there are three, namely the Family Takaful Insurance,General Takaful Insurance, and Insurance Mubarakah. In addition there are severalconventional insurance companies to open branches among Islamicsuch as Prudential Syariah, MAA, Great Eastern, Tripakarta, Banyan Life,Bumiputra, Dharmala, and Jasindo.
source