Contemporary Primary Sources :: Fatwās - Contemporary :: 12 Rabīʿ I 1437 / 22 December 2015
National Shari'a Board - Indonesian Council of Ulama Fatwa No. 98 of 2015 on Shari'a Healthcare Administration Guidelines
Dewan Syari'ah Nasional MUI, Posted by Daniel Peterson, 23 June 2016
This fatwa, among other things, states that healthcare may be administered pursuant to the following conditions:
- agreements between individuals and collectives represented by the Social Security Administering Body (Badan Penyelenggara Jaminan Sosial - BPJS) are to be in the form of mutually-beneficial gifts (akad hibah);
- agreements between the government and individuals as recipients of fee-assistance are to be in the form of gifts, transferred to the Health BPJS as the representative of the collective;
- agreements between collectives and the Health BPJS are wakalah or wakalah bil ujrah agreements;
- wakalah or wakalah bil ujrah agreements are to cover the provision of authority for administrative activities, risk-management, social security funds investment/development, payments of claims by the Health BPJS to health facilities, and promotions;
- agreements between the Health BPJS with other parties for the purposes of funding healthcare development are to take the form of a mu'awadhat agreement, for sale-purchase, ijarah, and profit-based agreements;
- agreements between the government and the Health BPJS as a representative for collectives, are to be bequests to address healthcare funds in the red, or qardh agreements if the government does not yet have a special budget in place;
- agreements between the Health BPJS and collectives are to be kafalah agreements or qardh agreements, to address healthcare funds in the red;
- agreements between the Health BPJS and collectives are to be kafalah agreements or qardh agreements, to handle health social security funding asset liquidity problems;
- agreements between the government and the Health BJPS as a representative of collectives are to be kafalah or qardh agreements, in the event the Health BPJS cannot provide bail-out funds, or cannot provide sufficient bail-out funds, to address health social security funding asset liquidity problems; and
- agreements between the Health BPJS with health facilities are to be ijarah agreements.