Question
The concept of insurance is well known. It is in fact almost a integral part of the mindset of people today, almost taken for granted by the masses/ majority, more especially when buying large ticket items on debt, homes, cars, even cellphones come with insurance for accidental damage and or loss from theft or defect. To this end I fully understand the Shar'i prohibition based on likeness to gambling and interest, but I am asking, since it was not present in the days when Qur'aan and Shariah were revealed. Based on the widespread adoption and mindset preference of the masses, as well as the fact that it is law in some countries and law in SA when buying on finance etc, to this end, is there any way we can structure a product with similarities to insurance and giving similar cover? So basically, current insurance has a person pay a monthly premium, and if there is damage or loss, the insurance should pay most if not all of the loss. In a nutshell this is the very oversimplified and broad product/concept and service, client understands and fully accepts they may pay in monthly, and claim zero if they do not have any loss, but clients are ok to relinquish the monthly amount they paying in for the comfort of having the prospective loss / potential risk mitigated and 'covered'. How can we devise a structure whereby we end at the same point, and its done in a Islamically permissible method, so a person voluntarily contributes and pays a monthly amount to a pool of funds, and if they have a loss, the pool of funds pays the loss value to them, but if they do not have a loss, they leave the funds in the pool and relinquish any claim on it? In other words, how can we structure or devise an Islamic method of the contemporary / conventional insurance, to have a similar benefit / outcome, without being in violation of Shariah?
Answer
Something which did not exist in the days when the Qur'aan Majeed was revealed or the Sunnah formulated, never means that it is beyond the scope of the Qur'aan and Sunnah. The principles of the Shariah derived from the Qur'aan and Hadith are the determinants for all expediencies and issues which will develop until the Day of Qiyaamah.
If this Shariah had not provided all-embracing cover for all future developments, Allah Ta'ala would not have ended the Chain of Risaalat and Nubuwwat. There would then have been the imperative need for new Ambiya to cater for developing issues for which there are no rulings in the earlier Shariah.
Insurance will NEVER be halaal just as Riba and liquor will never be halaal. However, in terms of the principles of the Shariah, when there arises dire, compelling need then indulgence in the haraam acts will not be sinful from the Fatwa angle. Thus, pictures for identity documents compelled by the government are allowed by the Shariah. If the government imposes insurance, then indulgence therein will not be sinful. But, it will not be permissible to indulge in it volitionally without being compelled or without a dire necessity.
There is no way of devising an insurance scheme which would comply with the Shariah. Some morons have fabricated a riba deal which they term 'takafol'. This is capitalist insurance disguised with an Islamic-sounding epithet.
It is because Muslims generally nowadays have failed to understand the Maqsood (Objective) of life on earth that they feel the impositions of the Shariah are too strict, harsh and impractical for implementation in this era of Jahl and Fitnah. It is essential to view the Shariah and life on earth in the light of the broader picture outlined by the Qur'aan and Hadith. Rasulullah (Sallallahu alayhi wasallam) said:
"Verily, the world was created for you, and you (Muslims) are created for the Aakhirat."
In another narration it is said: "This dunya is jeefah (carrion)."
This earthly sojourn is an extremely short phase of our life. In relation to the everlasting life of the Aakhirat, this worldly life has absolutely no existence. The real and everlasting life is in Jannat. This dunya is the testing ground which is a veritable spiritual minefield for Muslims. You have to manoeuvre your way with utmost care in this minefield otherwise your Imaan will blow up. We have been despatched to earth with an evil nafs and with our avowed enemy, Iblees. Thus, this dunya is the arena for constant struggle. It is the abode of trial and hardship.
We are required by Allah Ta'ala to constantly struggle against the demands of the nafs and Iblees. There will perpetually be conflict between the demands of the dunya and the demands of the Deen. This is the primary Jihad to wage and to purify ourselves from the evils of the bestial attributes within us.
In the early ages of Islam, Muslims suffered no mental agitation regarding these conflicts. They were close to the era of Nubuwwat, hence derived considerable barakat in understanding. They had no dilemma in deciding haraam and halaal issues. Hadhrat Hasan Basri (Rahmatullah alayh) said:
"We met such personalities who would shun and abandon 70 avenues of halaal for fear of falling into haraam."
The 'personalities' refer to the Sahaabah and to very senior Auliya and Fuqaha of the Taabieen era. Rasulullah (Sallallahu alayhi wasallam) said:
"A Mu'min will not attain the rank of the Muttaqeen as long as he does not abstain from permissibilities for fear of falling into impermissibilities."
Former Muslims of Taqwa would shun even halaal issues – halaal according to the Fiqh of the Shariah – simply because in terms of their elevated status of Taqwa they discerned a doubt or a semblance of a doubt. For them, mushtabah (doubtful) from the practical purview was haraam. But for us in this age in proximity to Qiyaamah, haraam issues, - haraam confirmed by the Shariah, are acceptable. Loopholes and interpretations and fatwas from moron muftis are searched for rendering halaal clear-cut haraam dealings and foods.
Muslims are not prepared to struggle against their nafsaani demands. They are in entirety oblivious of Maut, the Qabr and Qiyaamah. Their objective is this dunya, hence, in entire practical denial of the Aakhirah they seek to perfect their worldly life, hence the disease of indulgence in haraam on the basis of baseless interpretation and baseless fatwas of moron molvis such as those involved with the riba banks and those scoundrels who halaalize haraam carrion meat and chickens.
Their eyes will open only at the time when their souls get stuck in the throats at the time of Maut when the pangs of Maut (Sakraat) will sober them from their lifelong earthly intoxication.
Understand well, that Muslims cannot have their desires fulfilled in this dunya. They have to wait for Jannat. Thus Rasulullah (Sallallahu alayhi wasallam) said:
"This dunya is a prison for the Mu'min and a paradise for the kaafir."
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 27 No 07
- PDF page
- 21
Appears under INSURANCE CANNOT BECOME HALAAL (approximate).