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HOLDING UP AN AGREEMENT BASED ON SJARIAH PRINCIPLE TO THE FINANCIAL CORPORATION (NON BANK) -AJB BUMIPUTERA INSURANCE CORPORATION AND PT. TAKAFUL INDONESIA YOGYAKARTA-

Abstract

Insurance corporation, such a financial corporation (non bank), is being not allowed to withdraw any saving fund from its customers but holding the assurance service. Commonly, this kind of Insurance has been being known well by people and occasionally implicated by moslems on it. Thus, so far there will be such an assumption of non Islamic insurance to the assurance service corporation which is not held and applied the Principle of Sjariah in the operational policies.

Insurance business is capable applied as Sjariah business as long as it applies the rules of Sjariah principle. The application here, in Indonesia, is established in the path of  Positive and Islamic Principle (Sjariah) of Law. According to ‘akad’ as the mechanism of Sjariah Insurance business, it has to be studied on being referred to the Positive and Sjariah Principle of Law.

Based on the illustration above, it has been being held a research by goals on being understand to the such   agreement enforcement of financial corporation (non bank) – AJB BUMIPUTERA 1912 SJARIAH INSURANCE CORPORATION of YOGYAKARTA AND PT. TAKAFUL INDONESIA YOGYAKARTA -, being understand to the agreement planning process of those two Insurance Corporations, appropriately understand the correlation of agreement conception being held to the Positive and Sjariah Principle of Law.

On how to understand the enforcement and the agreement planning process of both Insurance Corporations, it has been being studied and held not only such a juridical/ empirical term of research but also a descriptive analytical research to the both corporations.

The result of the research said that the enforcement of the agreement, based on the Sjariah Principle, was running well and motivated by the Islamic Spirit, using principles such as tabarru’, mudharabah/mudharabah musytarakah, musyarakah dan wakalah/wakalah bil ujrah. The enforcement of agreement is definitely admited as a std agreement according to the rules of Insurance Coporation of Sjariah and the contract drafting is not applied by AJB BUMIPUTERA 1912 SJARIAH INSURANCE CORPORATION of YOGYAKARTA AND PT. TAKAFUL INDONESIA YOGYAKARTA because both corporations handle marketing business only. The planning and enforcement of agreement have been being held and related to the Positive and Sjariah Principle of Law, in case there isn’t any rules of Law yet about Insurance of Sjariah here, in Indonesia.

Keywords :     Insurance, Agreement, Sjariah

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