Wednesday, August 1, 2012


We have seen that Islam cannot accept the current model of the insurance system, with all its activities. But, that does not mean that Islam is opposed to the idea ansich insurance. Not at all! Islam is opposed by some of the principles and how. As if there are other ways that do not conflict with Islamic law, then Islam will surely welcome.

Simply, that the rule of Islam has guaranteed his people and the people who are under the auspices of the Islamic government in its own way, the entire regulation and guidance. There are times when the guarantee is through the attitude of solidarity of the community members themselves, and sometimes through the government and the Baitul-Maal. Baitul-Maal is a general insurance for all those who take shelter under Islamic rule.

In Islamic law, there is an assurance and ways are being channeled to the person who got the disaster. And, that among the things that allow a person to ask is if he's hungry overwritten. He may ask the government (waliyul amri), and waliyul amri will restore all that he suffered or would be sufficient to partially relieve.

We find also a guarantee to the beneficiary's death the family, such as the Lord the Holy Prophet: "I am more than entitled to take care of every Muslim himself, he who left the treasure, the treasure for his heir, and whoever left the debt or bankruptcy, then for me and my dependents." (Reported by Bukhari and Muslim)

Among the Islam guarantees against ummah, is what is called a special section for people who owe (gharimin) in the distribution of zakat.While the expert tafsir from ulama-ulama salaf there is who interpret the word gharimin, namely: the person whose homes burnt, or his property washed away by floods and so forth.

While some jurists also argue that in such circumstances he should be given assistance from the zakat money, as many possessions that she had suffered, though thousands and thousands.

Utilization Method

The first way. Agents with the planting of plants or seeds sown and watered and nurtured. That is until the results come out. This manner is a commendable way in which the owner will get a reward from Allah because the plants can be utilized by humans, birds and animals. Most of the Ansar Companions are living and plant crops. They take care of their own lands, as has been explained earlier.

The second way. If he cannot possibly take care of yourself, then lent his land to someone else who can take care of it with the help of tools, seeds or animals to cultivate the land, he was absolutely not take the results. Such is the way demanded by Islam.
Abu Hurairah narrated that the Messenger of Allah said as follows: "Whoever owns the land, then planted or give to friends." (Reported by Bukhari and Muslim)

In one sense, he was a history of: "From Jabir he said: We used to rent land to get the results of (mukhabarah), then we got the results of such and such land. Then the Prophet: whoever owns the land, then the command that to plant himself or his brother planted, otherwise, leave. "(Reported by Ahmad and Muslim)

Based on this tradition while Dhahir Salaf of the opinion that the use of land can only be taken with one of two ways:
1. Probably planted himself, or
2. May be submitted to others for planting without compensation of any. I.e. control of land by the owner was taken by the work results.
Narrated by Ibn Hazm sanadnya own up to the al-Auza'i, that he said: "Atha ', Makhul, Mujahid and Hasan Basri all of the opinion that the land is not planted, shall not be leased to the dirham and the dinar and not also employed, but must be planted by the owner himself or given to others. " It was narrated that Abdullah bin Abbas argues that the order gave the land in the above hadiths, not mandatory but purely voluntary only.

Imam Bukhari narrated that 'Amr ibn Dinar said: I said to Thawus, one of his fellow Ibn Abbas: if you leave mukhabarah, then they will assume that the Prophet forbade it. Then Thawus said: people who know better, that Ibn Abbas, once told me, that the Messenger of Allah not forbidden, just as he said:
"It does one of you will give the land to his friend, better than he took over the land that the results are determined." (Bukhari)

The third way is how muzara'ah, which gives landowners the tools, seeds and animals to which planted about a provision he will get the results that have been determined, for example: 1/2, 1/3 or less or more by mutual consent. It may also help the owner of the land to those who want to planted form of seeds, tools or animals.

This method is called: muzara'ah, musagaat or mukhabarah.
In a hadith narrated by Imam Bukhari and Muslim are explained, that the Messenger of Allah leasing land to the people of Khaibar with half the proceeds to the agreement of landowners. This hadith is narrated by some friends, among them: Ibn Umar, Ibn Abbas and Jabir bin Abdullah.

This hadith is used as an excuse by those who allow muzara'ah; and they said: "muzara'ah is a good case and was used to apply, which is also done by the Prophet s, aw until he died, followed by the first four caliphs until they die world. And then followed by the people afterward. So no one expert verse the Prophet in Medina who did not do this. And so the Prophet's wives after the death of him. "

This way should not be considered because the mansukh must mansukh.19 lifetime Prophet As for something that is done by the Prophet till he died, and then agreed by the caliph and they were working on it, and no one is against it, then how could such a thing is considered mansukh? If it is dimansukh during the life of the Prophet, but why do it after dimansukhnya his own law? Why was it kept secret mansukhnya so that no one else caliph who deliver it, but the story of Khaibar is very famous among them? Who is the narrator of this mansukh, so they do not call and he did not deliver it to another friend?

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