A Novelty of Perspective of Fikih and PP No. 17 1965 for Status of Ownership of Life Insurance in Claims Fund

Fuji Rahmadi, Amiur Nuruddin, Nawir Yuslem

Abstract


Islam considers insurance or “insured” as a social phenomenon that was ormed by helping each other and humanity. Treasure gained after the death of a person as a result of a cause that by its nature will bring profit, which is done in the period he was still alive then the property as it was by Ibn Hajar al-Haytami, an expert from the Shafi'ites fiqh, in his book Tuhfatul-Muhtaj Syarah Kitab al-Minhaj (by Imam al-Nawawi), fall into the category tirkah treasure. Although the normative existence of insurance is a necessity in the communities in Indonesia but considering Indonesia as a Muslim majority country, then its existence cannot be released by the paradigm of the dynamics of the system of Islamic law. Therefore in this paper describes some of the approaches used in assessing the existence of insurance in Indonesia, it is not enough just to use the normative approach to Islam, but must be coupled with a conventional legal approach that is shaded by the science of law, especially constitutional law.


Full Text:

PDF


DOI: https://doi.org/10.5296/jsss.v4i2.11203

Refbacks

  • There are currently no refbacks.


Journal of Social Science Studies ISSN 2329-9150

Copyright © Macrothink Institute

To make sure that you can receive messages from us, please add the 'macrothink.org' domain to your e-mail 'safe list'. If you do not receive e-mail in your 'inbox', check your 'bulk mail' or 'junk mail' folders.