INSURANCE WAQF PHENOMENCES IN THE INSURABLE INTEREST PERSPECTIVE

Abstract

Waqf insurance is a new breakthrough in the field of waqf and sharia insurance. This product collaborates between waqf and insurance products. The insurance waqf product is considered contrary to one of the insurance principles, namely the principle of insurable interest (Insurable Interest Principle). This principle states that the insured party (the insured / insurance participant) must have an interest in the object of insurance (life / object). This principle was born because everyone insures himself / his property because the person / property has the risk of being damaged / lost, whereas if someone chooses to have waqf or not, it does not actually pose any risk. This study uses an empirical approach in which an analysis of the Islamic waqf insurance contract is carried out and compares it with the basic principles of insurance. In addition, interviews were conducted with experts to deepen the study under study. The results of the study state that waqf insurance products in Sharia insurance can be used as part of insurance products by following the provisions of the DSN-MUI fatwa NO.106 / DSN-MUI / X / 2016 concerning Waqf Insurance Benefits and Investment Benefits in Sharia Insurance. By referring to this fatwa, the waqf insurance product has fulfilled the principle of insurable interest by stating that the maximum waqf that can be made on the insurance waqf product is 45%, while the other 55% is returned to the insurance participant or the beneficiary (if the insurance participant dies before the insurance contract is completed. ) as a form of risk mitigation and implementing the principle of insurable interest.