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Ainul Mardhiah, Afrizal (2021). Insurance Perspective of Yusuf
Qardhawi and Abdul Wahab Khalaf. Journal Eduvest. 1(12): 1418-
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Eduvest – Journal of Universal Studies
Volume 1 Number 12, December 2021
p- ISSN 2775-3735 e-ISSN 2775-3727
INSURANCE PERSPECTIVE OF YUSUF QARDHAWI AND ABDUL WAHAB
KHALAF
Ainul Mardhiah, Afrizal
IAI Syekh Maulana Qori Bangko, Indonesia
E-mail: [email protected], [email protected]
ARTICLE INFO ABSTRACT
Received:
November, 26
th
2021
Revised:
December, 17
th
2021
Approved:
December, 19
th
2021
Insurance that has just emerged at this contemporary stage, its
quality causes mixed understanding among researchers. There
are several researchers who prohibit insurance, including Yusuf
al-Qardawi who blocks existing insurance, especially life
insurance. Yusuf al-Qardawi forbade insurance on the grounds
that according to him insurance is far from the idea of
exchange and solidarity with the association. Whereas in life
insurance, basically it is very possible to say that it is a broken
understanding. The explanation is because between the two
meetings there is a common desire and currently realizes that
the strengths of each are not solid. Insurance in Yusuf al-
Qardawi's view is that Islam does not recognize the current
type of insurance with every implementation, it does not mean
that Islam is against insurance as a whole, not in any way, what
Islam opposes is part of its implementation practice. According
to Abdul Wahaf Khalaf, insurance takes any form and can
benefit the local community as long as there is no usury, the
law is halal or allowed in Islamic teachings.
KEYWORDS
Insurance, Yusuf Qardhawi, Abdul Wahab Khalaf
This work is licensed under a Creative Commons
Attribution-ShareAlike 4.0 International
INTRODUCTION
Islam is a comprehensive and comprehensive religion, and from all aspects. The
aspect of human relationship with Allah SWT is the most important aspect in life because
Allah created humans for none other than worship (Dawn, 1995). There is also an aspect
of human relations with fellow humans, from this aspect we cannot live alone, we need
other people. Aspects of human relationships with other creatures (Bruce, 2006). Humans
Ainul Mardhiah, Afrizal
Insurance Perspective of Yusuf Qardhawi and Abdul Wahab Khalaf 1419
were created by Allah SWT as the most perfect creature among other creatures. One of
the differences is that humans are creatures who have a mind that can be used for worship
and can also be used to determine what is good and what is not. Many privileges are
given by Allah SWT to humans, it's just that humans are not aware of and even grateful
for what Allah has given to them. Humans also do not escape from dependence on others
for survival (Musilova, Mulcahy, Kuijk, McLoughlin, & Bowie, 2019). In this modern
era, there have been many changes in the acquisition of models of human behavior, both
in the muammalah and social fields. In the field of muamalah, the shift in the pattern of
agriculture to industry has resulted in the migration of rural residents to cities.
The model change will not only bring benefits, but many problems will arise.
Among them are egoism, materialism and declining morality, which in the end raises
concerns among the public about the security problem of every resident, both in the city
and in the village (Muncy & Eastman, 1998). But every human being has luck in his life.
There is a concept of luck in Islam, in this case it has three dimensions of time, namely
profit in the short term, profit in the medium term and in the long term. Insurance in the
early stages is a form of group that aims to help ease the financial burden of humans in
order to avoid economic difficulties, both education, health and other problems based on
the concept of helping in goodness and piety and providing good protection based on
ukhuwah Islamiyah (Sula & Hill, 2019).
Insurance is a social protection system that guarantees the benefit of the
community which is arranged very neatly based on an agreement to help each other in a
group. The purpose of insurance is to reduce the risk or loss for policyholders who are
open to the possibility of death, injury due to accidents, large trade and corporate losses
and others that may be faced (Sadgrove, 2016).
Insurance according to the Law of the Republic of Indonesia Number 2 of 1992 is
an agreement between two or more parties, whereby the insurer binds himself with the
insured, by receiving insurance premiums to provide compensation to the insured due to
loss, damage, or loss of expected profits, or legal liability to third parties that may be
suffered by the insured, arising from an uncertain event or to provide payments based on
the death or life of the insured person (Susyanti, 2016).
In Islamic circles, insurance is considered un-Islamic. People who have insurance
are the same as people who deny His mercy because only Allah SWT determines
everything and determines the sustenance of His servants. People who involve themselves
in this insurance is one of the efforts to face the future of old age (Gorman, 2017).
However, because the issue of insurance is not explicitly explained in the texts, then the
problem is seen as a matter of ijtihad, namely differences of opinion that are difficult to
avoid and these differences of opinion must also be respected (Hasan, 2014).
However, insurance that has just emerged in this contemporary phase, its
presence creates a difference in understanding among scholars (Nafiu, 2012). There are
several scholars who forbid insurance, including Sheikh Yusuf al-Qardawi who forbids
existing insurance, especially life insurance (Ahmad, Khan, Patel, Shehbaz, &
Sharofiddin, 2021). He forbade insurance because he thought that insurance was far from
trade and solidarity with associations (Seyed Mohamed, 2016). Whereas in life insurance,
at least it can be said as a broken contract (Cummins, Smith, Vance, & Vanderhel, 2013).
The reason is because between the two parties there is a common will and already know
each other's advantages are not strong. Abdul Wahab Khalaf is of the opinion that any
form of insurance is a cooperative that is beneficial to the community as long as there is
no usury, the law is halal.
To provide a deeper understanding, in this article the author will discuss the basic
differences between conventional and sharia insurance, insurance in Yusuf Qardawi's
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Volume 1 Number 12, December 2021
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perspective and insurance in Abdul Wahab Khalaf's perspective.
RESEARCH METHOD
This research is a type of literature study research, this research only takes from
published documents such as books, journals and others. The research method used is
normative research method or legal research literature. The normative approach is used
with the aim of reviewing and analyzing library materials or supporting information
identified with research materials as legal essential materials, relating to research
materials in the form of primary legal materials, secondary legal materials, and tertiary
legal materials (Soekanto & Sulistyowati, 2013)
The approach taken is based on the main source, examining theoretical matters
relating to legal conceptions, legal principles, legal views and doctrines, statutory
regulations and a whole series of laws using additional information, including: principles,
rules , norms and legal rules contained in laws and regulations, legal books, journals and
legal articles, and various archives that are expressly identified with research. This study
will explain in an explanatory manner with the aim of describing in greater depth about
insurance from the point of view of Yusuf al-Qardhawi and Abdul Wahab Khalaf.
RESULT AND DISCUSSION
1. Fundamental Differences between Conventional Insurance and Sharia Insurance
Conventional insurance or coverage is an agreement in which an insurer binds
himself to an insured person, by obtaining a premium, to provide compensation to the
insured due to a loss, damage or loss of expected benefits that may be experienced due to
an uncertain event. Insurance is an agreement transaction between two parties, one party
is obliged to pay contributions or commitments and the other party is obliged to provide
full guarantees to the contributors or commitments if something happens to the first party
in accordance with the agreement made. Insurance is an agreement related to coverage or
guarantee for certain risks or misfortunes.
Meanwhile, sharia insurance is an effort to secure and mutually beneficial between
various individuals or groups of people or parties through investments in the form of
assets and/or tabarru providing a pattern of returns to face certain risks through contracts
that are in accordance with sharia (Susyanti, 2016). Sharia insurance is an Islamic-based
financial framework that is general in nature and applies to all beliefs and groups of
people.
The sources of sharia insurance law are the Qur'an, sunnah, ijma', fatwas of friends,
maslahah mursalah, qiyas, isttihsan, urf/traditions, and DSN-MUI fatwas. Thus, sharia
insurance is always consistent and in accordance with sharia standards. In determining the
principles, practices, and operations of sharia insurance, the limit that is consistently used
as a reference is Islamic sharia which is sourced from the Qur'an, hadith, and Islamic
jurisprudence.
Insurance Perspective of Yusuf Qardhawi and Abdul Wahab Khalaf 1421
Conventional insurance law sources have legal sources based on the human mind,
philosophy and culture, while the modus operandi is based on positive law. Therefore, if
they do not have a legitimate source, they will usually enter into transactions that lack
certainty and clarity. Similar to the case in the ma'qud 'alaih contract (something that is
contracted) there is a sharia deformity because it is not clear (gharar) how much the
insurance member will pay which includes how much something will be obtained (yes or
no, big or small), unknown how long an insurance member has to pay premiums.
2. Yusuf Qardhawi's Perspective Insurance
Insurance as one of the financial institutions engaged in insurance is an advanced
organization created by the western world which was brought into the world together with
the spirit of enlightenment (reinaissannce). These organizations together with financial
institutions banks were the main drivers of the economy in the past and continue to this
day. The basis of the operational spirit of modern insurance is that it is oriented towards
the capitalist system which basically only plays a role in raising capital for individual or
organizational needs, and lacks or no roots to develop the economy at a more complete
level.
Insurance issues in the perspective of Islamic teachings, including the issue of
ijtihadiyah, the law needs to be studied as deeply as possible with reasons not explicitly
explained by the Qur'an and Sunnah. Mujtahid imams such as Abu Hanifah, Imam Malik,
Imam Shafi'i, Imam Ahmad bin Hanbal and the mujtahids who were with him did not
give fatwas regarding insurance because at that time insurance was not known.
Islamic jurists are fully aware that the legal status of insurance has never been
established by Islamic legal thinkers in the past. The possibility of insurance began to
emerge when there was an assimilation of Islamic culture with European culture.
However, if examined in depth, it will be known that insurance has benefits in it so that
Islamic law scholars take insurance management based on sharia principles.
In line with the growth of Islamic law, the socio-cultural community towards the
development of Islamic law is very strong, as can be seen from the results of the ijtihad of
the madhhab imams. The impact of adat in legal life is something that should not be
worried about. This is on the grounds that, the law that starts from adat in principle
contains a dynamic process of rejecting the bad and accepting the good in accordance
with the objective needs of the community. The issue becomes real when the growth of a
community habit is absolutely against the law. Islamic law requires the traditions of the
general public as a source of law as long as these customs do not conflict with the texts of
the Qur'an or Sunnah. The discussion of insurance in the Islamic concentrate space only
emerged at the time of the birth of contemporary researchers or scholars. One of them is
Yusuf Qardhawi.
From the previous conversation, it is clear the contrast between conventional
insurance and Islamic insurance, where in conventional insurance companies, speculation
depends on interest. The company is also allowed to decide on its speculation, having the
place with the benefits of the speculation belongs to the company. By looking at the
previous discussion, the author tries to relate it to the insurance mentioned by Yusuf
Qardhawi.
Yusuf Qardhawi wrote that Islam does not recognize the current type of insurance
with every practice, that does not mean Islam is against insurance as a whole, not at all,
what Islam is against are some principles and methods. Regarding the assumption that
there are alternative ways that are not contrary to Islamic law, Islam positively relates it
well. Social security in Islam actually exists whether it is carried out by the community
with the concept of takaful (helping each other) or carried out by the government and
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baitul mal. Baitul mal is general insurance for all individuals who are under the teachings
of Islam.
In his book, Yusuf Qardhawi describes that: In accident insurance the client or
customer pays a certain amount of cash (premiums) in a year if something insured is safe,
the company takes all the premiums, and if the client or customer is struck by a disaster
the company will compensate according to the agreement that has been agreed upon.
made. This kind of practice, according to him, is very far from the commercial nature and
far from the meaning of isytirak tadhammun. Whereas in life insurance, if the client or
customer agrees on a dependent money of Rp. 200 million, then when death befalls the
client or customer will receive compensation of Rp. 200 million, even though he only
paid the first premium when death befell him.
The insurance referred to by Yusuf Qardhawi is conventional insurance. We can
also see this from the historical setting when he gave a fatwa. This fatwa was issued
around the '60s, in accordance with the publication of his book, especially al-Halal wa al-
Haram fi al-Islam. It can also be said that in those years there were no insurance
companies based on sharia (takaful) because takaful insurance developed in the 1970s in
several Islamic countries or countries with a majority Muslim population.
According to Yusuf Qardhawi, the agreement in insurance is a broken agreement,
if the client or customer does not comply with company rules and does not have the
ability to pay the next premium, the premium paid will be lost or reduced. The reason that
both parties let each other and understand each other is also unacceptable. Because in
usury and gambling both parties also accept or are willing (Qardhawi, 2010).
Yusuf Qardhawi clearly forbids conventional insurance, but he basically does not
reject the idea of insurance. Because according to him in Islamic law there is a guarantee
for every individual to get help when a disaster strikes. For example, guarantees for
people who are in debt (gharim) in the distribution of zakat. In some interpretations of the
Salaf scholars it is stated that including gharim are people whose houses are burned,
people whose merchandise is washed away by floods, or the like (Qardhawi, 2010)
According to Yusuf Qardhawi, insurance is absolutely unacceptable if the
requirements are as follows:
a. All insurance participants do not pay cash with the aim of tabarru', even this
purpose happens to them in any way.
b. Insurance organizations manage their money through usury, while every Muslim
does not advocate syirkah by means of usury. And this has been mutually agreed upon by
both those tightening up as well as by those moderating the issue.
c. The insurance member will take the amount of money that has been deposited
and an additional amount from the company when the specified time has expired.
d. Anyone who wants to withdraw his money, then he will experience a very large
loss. While this decline is really strange from the perspective of Islamic law.
There is usury in insurance. In this situation the author sees that with the reasons
described above by Yusuf Qardawi, we already know that usury is unlawful for Muslims.
So in order for transactions to occur that are in accordance with and desired by Islamic
sharia, they must eliminate usury, by investing funds in various businesses that are in
accordance with Islamic teachings.
Yusuf Qardhawi said in his book "Halal and Haram in Islam" that accident
insurance should be adapted to Islamic teachings based on Islamic law sources, namely in
the form of a rewarded contribution, for example an insurance member pays money to a
company on the condition that he will be rewarded a sum of money because he is hit by
an accident. disaster, as an aid to relieve his suffering at that time. This form of insurance
is justified in the view of some of the madhhab priests. If insurance can be adjusted like
Ainul Mardhiah, Afrizal
Insurance Perspective of Yusuf Qardhawi and Abdul Wahab Khalaf 1423
that, and the company that runs it does not have an element of usury, then it is permissible
in Islamic teachings. As for life insurance according to its current form as mentioned
above, according to Yusuf Qardawi's opinion, it is completely far from the teachings of
Islamic law (Qardhawi, 2010).
To make insurance based on Islamic law, according to Yusuf Qardhawi, accident
insurance transactions can be changed in an Islamic form in accordance with Islamic law,
close transactions are in the form of donations to get compensation, concretely a customer
deposits a number of funds with the aim that he gets compensation if he is hit by an
accident. . If the insurance is changed to this form and the company that manages it is
also free from usury, then the law becomes permissible. As for life insurance, according
to him, this insurance is really far from a transaction that is justified by Islam.
Islam cannot accept conventional insurance with all the practices that have been
applied, so this does not mean Islam is against the idea of insurance. This is not the case
at all, what Islam opposes are several principles and methods. As for if there are other
ways that do not conflict with the teachings of Islamic law, then Islam will certainly
welcome it (Fauziyah, 2010).
Islamic law has guaranteed its ummah and those who live under the auspices of the
Islamic government in its own way, in all its norms and directives. sometimes the
guarantee comes from the solidarity of the community itself, and sometimes through the
government and baitul mal institutions.
According to Yusuf Qardhawi, insurance is not allowed under Islamic law. Where
the contract or contract in insurance is different from a contract or contract in a trade
transaction and cooperation. The main reason for the prohibition of insurance is because
of usury. First, with insurance, the customer receives the entire premium paid with some
additions from the insurance provider (if the specified period has passed). Second,
insurance companies invest in various ribawi businesses. In preparing the insurance law,
Yusuf Qardhawi used the basis of the Qur'an and Hadith. The rejection of usury has been
clarified in the Qur'an Surah Albaqarah verse 275 as follows:
Those who eat (take) usury cannot stand but like the standing of a person who is
possessed by Satan because of (pressure) madness. Their condition is like that, is because
they say (opinion), Verily buying and selling is the same as usury, even though Allah has
justified buying and selling and forbidden usury. those who have reached him a
prohibition from his Lord, then continue to stop (from taking usury), then for him what he
had taken first (before the prohibition came); and affairs (up to) to Allah. people who
return (take usury), then that person is the inhabitants of hell; they stay in it. (QS.
Albaqarah [2].275).
As seen from the explanation above, Yusuf Qardhawi also has a moderate view. He
does not completely forbid insurance, but he also does not accept the situation as it is,
meaning he will not justify a problem just because society requires it, even though we
know it violates Islamic law. In fact, he tried to strike a balance by adjusting insurance
transactions with Islamic law. In choosing the middle way, Beliu also stated the basis,
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that in Islamic law, every individual is guaranteed to receive assistance if a disaster
strikes.
The insurance system from Abdus Sami' Almisri's perspective that the current
insurance system relies on the demonstration of usury pioneered by the Jews so far. It was
the Jews who ordered us to insure all things, so that even people's lives had to be insured
or guaranteed. In addition, the Jews also make various risky or problematic issues in this
insurance.
According to the fuqoha, the operational system of insurance companies contains
elements of usury, fadl and nasiah from three points of view, namely:
a. An insurance contract is an agreement between an insurance company and an
individual that is guaranteed to pay a certain amount of cash (premium) in lieu of another
amount of money that will be paid by the company when an event occurs. Therefore, this
is a transaction and the acquisition of money with money, if both are the same amount, it
is called usury nasa and if more is given, it is called usury fadl.
b. In life insurance, if the participant is alive, the amount of money he has paid is
returned plus a certain amount, then the addition of the money given is usury.
c. Most practices carried out by insurance companies are based on usury, such as
funds invested in a company whose profits contain interest, borrowing money guaranteed
by an insurance policy with interest, if premium payments are late, they will be fined
money (Hasan, 2014).
It can be observed that Yusuf Qardhawi prohibits insurance in its entirety in all its
forms and forms considering that insurance is basically the same as gambling. is paid,
then the premiums that have been paid by the policyholder are played in the practice of
usury (considering the money is credited and the income paid or interest is paid),
Insurance includes a sharfi contract, which means buying and selling or buying and
selling of money without money. The life and death of people are made into business
objects, which means that they precede the destiny of Allah Almighty.
3. Insurance Perspective Abdul Wahab Khalaf
Abdul Wahab Khalaf is one of the scholars who allow insurance. According to
Abdul Wahaf Khalaf, insurance, regardless of its form, is a cooperative that benefits the
community as long as there is no usury, the law is halal or allowed in Islam. There are
several reasons put forward by Abdul Wahaf Khalaf, namely:
a. There is no text of the Qur'an and Hadith that explicitly and clearly denies the
practice of insurance
b. There is an agreement and willingness in insurance between the premium holder
and the insurance agent
c. Insurance benefits both players
d. Insurance contains the general benefit, because the premiums collected can be
used as resources for development activities
e. Insurance combines a mudarabah contract or contract between the premium
holder and the insurance agent
f. Insurance includes syirkah at-ta'awujiyah, which is a joint business that depends
on or is based on the principle of mutual help and the funds or assets collected are tabarru
assets or funds.
For these reasons, insurance is considered to bring benefits to the participants and
the insurance company at the same time. Practices or actions that can bring benefit to
many people are justified by Islamic teachings.
There is no contradiction that insurance is an idea and a system based on the
concept of providing help and protection. Both concepts are matters that are in
Ainul Mardhiah, Afrizal
Insurance Perspective of Yusuf Qardhawi and Abdul Wahab Khalaf 1425
accordance with the aims and purposes of the Shari'a. Even though the Shari'a makes help
an obligation, the method and approach to giving help is explained by Islam so that it
does not become a matter of doubt and deception occurs against humans. Islamic Shari'a
does not only determine the goals and intentions to provide help but also determines the
correct way to achieve that good goal.
The conflicting assessments of the scholars who legitimize and hinder the current
insurance system depend on contrasts in understanding and various perspectives on the
guidelines for insurance contracts themselves. The group that legitimizes by focusing on
the goals of the insurance system, especially prudence, goodness and guarantees for the
welfare of life and property. Meanwhile, the group that prohibits or forbids underlines the
unfavorable components in the insurance system such as usury.
Afzal Rahman said that this insurance issue should be considered without taking
sides with either party where he also stated that Islamic Shari'a has established general
rules that determine the details of business agreements or economic alliances, as long as
the trade contract does not exceed the boundaries, it is decided that it is halal. and legal.
Apart from the fact that it is legal and legal, there are haram components such as usury,
gharar, maisir, therefore an insurance system must be made in accordance with Islamic
standards (Hasan, 2014).
In addition to Abdul Wahab Khalaf, Sheikh Ali Al-Kafif said the same thing about
insurance, namely:
a. Insurance is a new agreement that is not in certain texts. Therefore insurance is
allowed
b. Insurance is an agreement that leads to good and there is no bad behind it. If
there is good, then Allah's law is born that allows it
c. It has become an indispensable habit for the good of society at large or for
individuals. Customs are the source of Shari'ah law
d. It is also a necessity that is close to an emergency that must exist and there is no
subhat element in it
e. In the insurance scheme, there is a responsibility that is considered to be greater
than the obligation to keep promises according to the Maliki school, it must be carried out
(Hasan, 2014).
Social insurance, such as health insurance and accident insurance, is caused by
work. The state does this to everyone who pays the premium determined for that purpose,
the state also fulfills the deficiency contained in the difference between the money that
has been collected and the money that has paid the loss. So this insurance leads to the
general benefit of a social nature. Therefore, this insurance is justified by Islam. Abdul
Wahab Khalaf allows insurance because it analogizes or confirms insurance to a pension
system such as taspen.
Abdul Wahaf Khalaf allows all forms of insurance in practice today on the grounds
that there are no texts of the Qur'an and Hadith that clearly and unequivocally prohibit
insurance activities and there are also no texts that explicitly command this insurance, in
insurance there is an agreement and willingness between both parties, insurance does not
harm both parties, but benefits both parties. Because insurance contains public interest,
because the premiums collected can be invested in development activities, insurance
includes a mudarabah contract between the policy holder and the insurance company,
insurance includes syirkah at-ta'awujiyah.
CONCLUSION
Insurance that has just emerged at this contemporary stage, its quality causes mixed
Eduvest – Journal of Universal Studies
Volume 1 Number 12, December 2021
1426 http://eduvest.greenvest.co.id
understanding among researchers. There are several researchers who prohibit insurance,
including Yusuf al-Qardawi who blocks existing insurance, especially life insurance. This
research is a type of literature study research, this research only takes from published
documents such as books, journals and others. The research method used is normative
research method or legal research literature. The conclusion of this study is that Abdul
Wahaf Khalaf allows all insurance practically today considering the fact that there is no
text of the Qur'an and Hadith that explicitly prohibits insurance activities, in insurance
there is an agreement and willingness between both parties, insurance benefits both
parties. , insurance contains the public interest, because the premiums collected can be
invested in development activities, insurance includes a mudarabah contract between the
policy holder and the insurance company, insurance includes syirkah at-ta'awujiyah,
which is a joint effort based on the principle of mutual help and the funds collected is a
tabarru' fund, insurance protects many individuals from property, wealth, and personal
accidents, insurance activities are carried out for the public benefit and common interest.
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