National Shari'a Board - Indonesian Council of Ulama Fatwa No. 39 of 2002 on Hajj Insurance

This fatwa states that hajj insurance is only shari'a-friendly if it is based on shari'a principles. It further specifies that those shari'a principles are based on the notion of mutual cooperation between hajj pilgrims, and that hajj insurance is a Tabarru' agreement (bequest), the purpose of which is for the hajj group (jama'ah) to assist each other in the event of any disaster of calamity.

The fatwa specifies the Indonesian Ministry of Religion as the appropriate policy-holder for all hajj pilgrims, and holds the Ministry responsible for the implementation of the hajj. It also requires premiums paid by pilgrims to be separated from other premiums a shari'a insurance company may receive. Shari'a insurance companies are entitled to charge a funds-management fee and are obliged to pay out claims to pilgrims, pursuant to the relevant agreement. It is the right of all pilgrims that any operational surplus be used by the Ministry for the benefit of the Islamic community (umat).

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