SHARIAsource

This fatwa, among other things, states that healthcare may be administered pursuant to the following conditions:

1. 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);
2. 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;
3. agreements between collectives and the Health BPJS are wakalah or wakalah bil ujrah agreements;
4. 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;
5. 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;
6. 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;
7. agreements between the Health BPJS and collectives are to be kafalah agreements or qardh agreements, to address healthcare funds in the red;
8. agreements between the Health BPJS and collectives are to be kafalah agreements or qardh agreements, to handle health social security funding asset liquidity problems;
9. 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
10. agreements between the Health BPJS with health facilities are to be ijarah agreements.