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Journal : Jurnal Al-Manahij

KONTROVERSI HUKUM ASURANSI: STUDI TENTANG ARGUMENTASI MUṢṬAFĀ AḤMAD AL-ZARQĀ’ DALAM PEMBOLEHAN ASURANSI Hasanudin, Hasanudin
Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 1 (2018)
Publisher : Fakultas Syariah IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1144.318 KB) | DOI: 10.24090/mnh.v12i1.1322

Abstract

Insurance came to the Islamic world around the 19th century AD. As long as the insurance law in Islam is concerned, the contemporary Islamic scholars are divided into three groups. First, scholars who allow it absolutely; secondly, the ulama who forbid it absolutely; and thirdly, scholars who legalize social insurance and forbid commercial insurance. One of the contemporary scholars who justifies insurance is Mu??af? A?mad al-Zarq?', a prominent Islamic scholar of ?anafi from Syria. The findings of this study are that in the perspective of Islamic legal theory the arguments of al-Zarq?? can be justified. The theory of Islamic law used by al-Zarq?' in examining insurance is the theory of ijtihad bi ar-ra'y by isti???b? and ta'l?l methods. Al-Zarqa' views that insurance is a new contract that does not exist in Islamic jurisprudence. Every Muslim is allowed to create new contracts that have not existed before as long as there is no prohibition against them. Al-Zarq?? analogize the insurance with the existing contracts in Islamic jurisprudence, among which is the contract of muwa?la?h from Hanafite school of law, d?ama?n khat?r al-?ari?q from Hanafites, al-iltiza?m wa al-wa?d al-mulzim in Malikites, and al-?a?qilah in Syafi?ites.