TEMPO.CO, Jakarta - The fatwa (edict) issued by the Indonesian Ulema Council (MUI) on the national health insurance program by declaring it as ‘haram’ (forbidden in Islam) has brought about anxiety among the people.
MUI should have studied more thoroughly the program provided by the Healthcare and Social Security Agency (BPJS Kesehatan) because this program clearly brings big benefits for the people.
MUI considers that the program does not comply with the Islamic sharia law as it uses premium system just like conventional insurances.
MUI also considers that the fund management of BPJS participants is problematic seen from the sharia perspective as it can contain riba (interest) because BPJS may invest funds of the participants to conventional banks.
For MUI, however, the funds must be invested to ‘halal’ (legal according to Islam) sectors and if they are invested in conventional banks, instead of sharia banks, the profit of the investment is considered haram.
This is why, the MUI National Sharia Council has urged the government to immediately improve the BPJS Kesehatan system so it can comply with the sharia law.
At a glance, the call seems reasonable but actually it is a trumped-up call and has been way too late.
The MUI issued the edict one month ago and it actually brought back a decision that has been politically made for a while.
The idea to launch the service is based on Law Number 40 of 2004 on the National Social Security System.
The law, however, does not require BPJS to manage funds of the participants in sharia way.
Principles regulated under the law are among others mutual cooperation, non-profit, accountability, mandates, and the benefits of the funds are used entirely for the interests of the participants.
Also, funds of the participants are not required to be invested to sharia banks and it is regulated under Law Number 24 of 2011 on the Healthcare and Social Security Agency.
It is said on Article 43 of the law that the funds of the social security program is used to pay the benefits, for operational purposes and are invested in line with the regulation.
In other words, the regulation says that investment of the funds of the participants may not violate the provisions of the positive law, not sharia law.
President Joko Widodo has instructed BPJS Kesehatan management to have a dialog with MUI.
This move may be done.
However, both the government and the House of Representatives (MUI) can also respond to the MUI fatwa.
MUI should not bring up the issue of the social security system that has long been approved and brings big benefits for the people.
The poor is now more protected because of this program and if we change the pattern of the service to make it in line with the fatwa MUI, BPJS will in fact violate the prevailing law.
If MUI wants a health security system that is in line with the Islamic law, MUI should have brought up the issue when discussing the bill on the National Social Security System in 2004 or when deliberating on the bill on BPJS four years ago.
Now pun MUI can still urge DPR or the government to amend the law and include sharia aspects.
This way is more elegant that issuing a fatwa that gives rise to anxiety.
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