MUI Declares National Health Insurance Program Haram

The Jakarta Globe
July 29, 2015 | 7:15 pm
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The Indonesian government will increase the premiums for professionals and non-employees participating in the BPJS Kesehatan state health-care program in April, to cover rising costs. (Antara Foto/M. Risyal Hidayat)
The Indonesian government will increase the premiums for professionals and non-employees participating in the BPJS Kesehatan state health-care program in April, to cover rising costs. (Antara Foto/M. Risyal Hidayat)

Jakarta. Indonesia’s highest Islamic clerical body has issued a fatwa, or edict, denouncing the government’s universal health insurance program, claiming it fails to comply with Islamic precepts.

The Indonesian Council of Ulema (MUI) said on its website that the National Social Insurance (JKN) program, administered by the Social Security Organizing Body (BPJS), was haram, or forbidden, to Muslims because it contained elements of uncertainty (gharar), gambling (maisir) and usury (riba).

“The implementation of the BPJS, especially provisions that involve cross-party agreements, is not in line with shariah principles because it contains the elements of gharar, maisir and riba,” the MUI wrote on Wednesday.

Specifically, it stated that it opposed the 2 percent administrative fine imposed by the BPJS for the payment of premiums into the JKN.

Ma’ruf Amin, the head of the MUI’s fatwa council, confirmed the main reason for the haram edict was the interest system that the BPJS uses in maintaining and managing the JKN.

“The reason is because the BPJS uses the term ‘bank interest,’” Ma’ruf said on Wednesday, without elaborating.

The MUI demanded that the government establish another scheme to provide health coverage for Indonesia’s Muslims.

“We’re suggesting the government establish a social insurance service that is based on shariah principles and that provides primary services in its implementation,” it said.

“The government must form a shariah insurance system that is implemented in accordance with Islamic principles,” Ma’ruf added.

The MUI’s fatwas are not legally binding, serving more as a moral guideline.

Said Aqil Siraj, the chairman of Nahdlatul Ulama, Indonesia’s biggest Islamic organization, deplored the MUI’s decision to issue a fatwa against the JKN.

“The MUI issues these fatwas too easily,” he said as quoted by Kompas. “They can issue up to 11 fatwas a year. In Egypt, they only issue three fatwas a year.”

However, Vice President Jusuf Kalla appeared amenable to discussing the MUI’s demands.

“I haven’t read the fatwa. Yet in Islam, as we know, anything that isn’t halal is haram, and vice versa. However, the question is, what is it exactly that is forbidden in the BPJS system?” Kalla said on Wednesday. “That is open to further discussion.”

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