In the contract of Islamic Insurance, the forbidden elements of business contract are eliminated; hence, the Islamic Insurance is legal on the hand of shari'a. To eliminate those elements, there are terms in Islamic Insurance, they are:
a. The Contract ('Aqd)
The clarity of contract in mu'amalah practices is principal, it fixes the legality of trading. The insurance is likewise, the contract between two parties, insured and company, must be clear. In its contract Islamic Insurance is based on takafulli (mutual responsibility) principle with tabarru' intention , it is the mutual responsibility intention between the participants of insurance to shift the burden of others. The Islamic jurists consider al-aqd at-takafuli as the safest contract to eliminate riba, gharar, maisir and jahala.
Based on this 'aqd, the Islamic Insurance divides the first year policyholder's premium into two accounts, participant's account (saving account) and participant's special account (charity account). The first is invested in profit lost sharing system and the later is contributed as the tabarru' .
b. Tabarru'
As the result of the charity account, it is accumulated amount of worship fund which called by tabarru'. Etymologically, the word Tabarru' means contribution or donation .
Tabarru' is purposed to give the virtuous fund sincerely to help each other and every participant shall agree to give away this tabarru' a certain proportion or the full amount of his or her contribution for this purpose. And the financial assistance paid to the participant resulting from the defined loss comes from this fund.
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