The Accomplishment of Halal and Takaful Principles of the Medical Benefit

Abstract

The obligation for joining the Medical Benefit could bring up a burden for some citizens because they must pay regular fee for the membership. Therefore, the research aimed to review the Medical Benefit membership and its contract in accordance with Islamic Law, especially for non-subsidy participant and its social perspective. This research was categorized as legal research method by using legislative and qualitative approaches. The results shows that most non-subsidy participants are sometimes reluctant on the amount of the contribution compared to the obtained facilities. The medical benefit is actually identical to the principle of takaful contract such as assistance, mutual cooperation and wakalah (agency). Unless holding a tabarru 'account, the element of insurance still appears such as granting the entire fund at which rises the issue of charred funds. Besides, the grants had yet based on participants' awareness. In addition, its transactions create an element of usury related to the existence of fines and uncertainty because the object guaranteed is unpredictable. Therefore, it brings up the emergence of the maysir element related to the benefits of service. Those unlawful elements should be ommited in order to be fulfill its halal and shariah compliance. Besides, it recommended to create Islamic Contract of the Medical Benefit.