Analisis hukum Islam terhadap kewarisan asuransi jiwa: Studi di PT. Asuransi Takaful Indonesia jalan Jaksa Agung Suprapto no.70 Malang

ABSTRACT

Compensation fund that is given by insurance company to the participant is money that is cashed down by heir trough claim. This claim is claim for right to the insurance company (insurer) ironically, this claim does not have basis of Islamic law. The result of this claim is positioned as al-tirkah that will be used to the needs of human corpse and as inheritance. In addition, one of heirs is appointed in contract of life insurance finally, this appointing emerge problem from the other heirs.

Based on the problem above, the problems research are (a) how does Islamic law view al-tirkah is a claim that is obtained from life insurance and (b) how to position the other heirs that are not put down in life insurance contract to obtain fund claim from insurance company (Takaful Indonesia). Therefore, the purpose of this study is to describe the determination of insurance in Islamic law especially concerning al-tirkah (inheritance), and to describe the position the heir who is not put dawn in life insurance contract to take fund claim from party of PT. Takaful Indonesia.

Kind of this research is field research that will be harmonized with Islamic law. The research approach is qualitative approach.

The result of this research can be concluded that compensation fund of death that is obtained from claim can be al-tirkah, because in al-tirkah is found determination. The determination is permitting of inheritance existence of contract fund. This view is based on the base that basically, that fund (money) is right of heirs which is legalized by Islamic law because this contract is done by willingness concept without deception. In other hand, majority of Muslim scholar permit guarantees (assurance) of property if the accident happened. Therefore, that claim is human corpse property that can be categorized in al-tirkah. Whereas to cash down claim fund, the heirs can position it as property of inheritance and it can be divided to right man (heir) because all of property that is leaved by corpse both the money and right can be bequeathed and it is called al- tirkah.

To position of other heir that is not appointed in insurance policy is same position. It means that other heirs have same right in inheritance namely compensation fund of death that is chased down trough claim, because the heir that is appointed in insurance policy is only as share holder of mandate from Takaful party to divide compensation fund to the heirs after the needs of corps.