An issue of Indonesian Ulema Council (MUI) dealing with prohibiting the Health Care and Social Security Agency (BPJS Kesehatan) emerged in June and drive confusion in community of Indonesia. Many people viewed the statement of MUI negatively. In fact, they contended that BPJS Kesehatan was a beneficial insurance when they were getting sick. Nevertheless, people are expected not to absorb the issue out of hand since the statement of MUI was not a ‘fatwa’, a binging rule, and it was the result of ijtma’ of MUI’s ulema.

The aforementioned paragraph was uttered by a Director of ICLASS (International Center for Law and Sharia Studies) of UMY Dr. Khaerruddin Hamsin, LL.M. on a restricted discussion on Monday (3/8) at ICLASS UMY room, Faculty of Law, Floor 2. It was the first discussion organized by ICLASS UMY after a year of the establishment. The discussion raised a theme of “Controversy of BPJS: Sharia or Not”. Attending the discussion were two lecturers of Economic Faculty of UMY as speakers Dr. M. Akhyar Adnan, MBA, Dr. Masyhudi Muqarrabin, M.Ec, eight lecturers, and two students.

Dr, Masyuhdi Muqarrabin, M.Ec. explained that BPJS Kesehatan was prohibited by MUI because  fund allocation paid by the people was indistinct. They ought to pay each month and can use the fund when they get sick or pass away. However, they do not gain any information of how their fund will be managed before they use it. “Based on the background, MUI declared that BPJS is haram. If a matter is found out that it is not right, the fatwa should exist soon so that the people recognize the rule, and the fatwa is already stated. On the other hand, it technically cannot be immediately stopped, and it has to be carried out step by step,” told Dr. Masyhudi.

He inserted that the people have to be provided by information of sharia so that the rule can be established. For one reason, if the people do not obviously comprehend maqosid sharia and the rule is directly upheld, it might not be able to be established well and it will emerge confusion for the people. He recommended that it is not necessary for government to make BPJS Sharia, but the system of BPJS needs to alter and be transparent to the people so that they discern how their fund is managed.

Moreover, Dr. M. Akhyar Adnan, MBA also addressed that BPJS Sharia is not necessary, yet they system should be shifted. He expanded that something can be haram due to three factors, namely Maisir, Ghoror, and Riba. “Ghoror refers to vagueness. Conventionally, costumers do not obtain any information how their fund is managed. It happens to BPJS that it is not sharia from the beginning,” he mentioned.

He continued that MUI may share the yield of ijtima’ well so that the people will receive it. He argued that the confusion in the community because of social factor which MUI had declared fatwa of BPJS prohibition. Indeed, it was not a fatwa but the result of ijtima. “If a positive matter is not stated well, it will affect people’s perception,” he said.

Last, the discussion was closed by detail recommendations for reviewing the BPJS system in funding circle so that MUI can communicate to the people well the result of ijtima’ or fatwa.

As a moderator, Iwan Satriawan, S.H., M.CL also expected that the discussion can change people’s insight toward the issue of MU’s fatwa. The people are hoped to respond any issues wisely and to understand the distinction between MUI’s fatwa and the result of MUI’s ijtima’ before being decided as fatwa.0