i am in a very big problem as i am having problem regarding insurance policy .
INSURANCE POLICY IS GIVEN PERMISSIBLE BY Sheikh Mustafa Al-Zarqa so insurance company worker who is my relative
is insisting me to take policy as it is given halal(permissible) by Sheikh Mustafa Al-Zarqa, my relative is so annoyed with me because he is saying there is no fix thing
in islam like this problem of insurance which is haram(illegal) by many or majority of mufti karam but he is saying some mufti consider it halal in suadi arabia so you should take insurance policy. he is saying me you are backward muslim insurance policy is for your future safety just imagine if you die who will take care of your children and wife. this was said to me by my relative who works in insurance policy.
now mufti sahib i am so confused , if insurance is haram then why some mufti declaring it halal and if it is halal then why some mufti telling it haram.
although insurance agent given me proof of only one person named Sheikh Mustafa Al-Zarqa and he has given me some advertisement in which it is written that on website www.ourdialogue.com in chapter named ‘i’ it is written that insurance is halal by mufti karam of suadi arabia i checked it there only written about one scholar of university of damascus named Sheikh Mustafa Al-Zarqa who declared it halal.
now what solid answer should i give to that person who is insurance agent so that he also leaves insurance policy company and i also should not take insurance policy. please give me satisfactory reply i read on your website “insurance is haram” but there this topic is not discussed that”if some scholar of university of damascus is saying it is halal and insurance agents advertising ‘IN ISLAM INSURANCE BECAME HALAL ‘ by advertising papers in their hands then what should we tell them” ———- if we tell them it is haram by many muftis then they say there are some muftis in suadi arabia who consider it halal like Sheikh Mustafa Al-Zarqa.
in islam there are so many conflicts and sects and it is not clear who is right and who is wrong then what should we do in this situation this is not mentioned on your website. dear mufti sahib as you see insurance company is trying to exploit this situation that if some person declare it halal like Sheikh Mustafa Al-Zarqa so they are
creating ambiguity and trying to misguide us who are not taking insurance policy as it is clearly haram in islam.
please guide us with solid reply with full confidence
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatuh
Sayyiduna Nu’man ibn Bashir رضي الله تعالى narrates that Nabi صلى الله عليه وسلمmentioned:
سنن الترمذى – (1205)
حدثنا قتيبة بن سعيد أنبأنا حماد بن زيد عن مجالد عن الشعبي عن النعمان بن بشير قال سمعت رسول الله صلى الله عليه وسلم يقول الحلال بين والحرام بين وبين ذلك أمور مشتبهات لا يدري كثير من الناس أمن الحلال هي أم من الحرام فمن تركها استبراء لدينه وعرضه فقد سلم ومن واقع شيئا منها يوشك أن يواقع الحرام كما أنه من يرعى حول الحمى يوشك أن يواقعه ألا وإن لكل ملك حمى ألا وإن حمى الله محارمه
حدثنا هناد حدثنا وكيع عن زكريا بن أبي زائدة عن الشعبي عن النعمان بن بشير عن النبي صلى الله عليه وسلم نحوه بمعناه قال أبو عيسى هذا حديث حسن صحيح وقد رواه غير واحد عن الشعبي عن النعمان بن بشير
“Halal (the permissible) is clear and haram (impermissible) is clear. Between halal and haram lays some doubtful things. Many people do not whether it is permissible or not. Whoever leaves out these doubtful things in order to protect his religion and honour, then he is safe. Whoever indulges in these doubtful actions it is very possible that he will fall into haram, similar to a person who grazes his animals near the royal pasture it is very possible that he will graze in the royal pasture. Behold! Every king has a royal pasture and the royal pasture of Allah is those things which have been made impermissible.” (Tirmidhi 1205)
If some scholars declare something to be permissible whilst others hold it as impermissible then such an action will be classified as doubtful.Under the commentary on this narration Mufti Taqi Uthmani حفظه الله تعالىexplains how a person should deal with doubtful things.
In such a situation a person should follow that scholar which he has more reliance upon. If both scholars are equally reliable to him, it is necessary for him to follow the view of impermissibility. (Darse Tirmidhi 4/37 Darul Kitab Deoband)
All insurance policies are not permissible because they have three prohibited elements in it: interest, gambling and uncertainty.
There is interest in insurance policies:
Take for example I take out an insurance and pay a premium of R100 a month. If something happens to me in the second month, and the bill came to R10 000, the insurance company is obliged to pay the R9 900 excess on my behalf. I paid only R100 and get a legal right of more than that amount. That is riba and interest. You are getting something in lieu of nothing.
Allah Ta’ala mentions:
يأَيُّهَا الَّذِينَ آَمَنُوا اتَّقُوا اللَّهَ وَذَرُوا مَا بَقِيَ مِنَ الرِّبَا إِنْ كُنْتُمْ مُؤْمِنِينَ () فَإِنْ لَمْ تَفْعَلُوا فَأْذَنُوا بِحَرْبٍ مِنَ اللَّهِ وَرَسُولِهِ وَإِنْ تُبْتُمْ فَلَكُمْ رُءُوسُ أَمْوَالِكُمْ لَا تَظْلِمُونَ وَلَا تُظْلَمُونَ () وَإِنْ كَانَ ذُو عُسْرَةٍ فَنَظِرَةٌ إِلَى مَيْسَرَةٍ وَأَنْ تَصَدَّقُوا خَيْرٌ لَكُمْ إِنْ كُنْتُمْ تَعْلَمُونَ () وَاتَّقُوا يَوْمًا تُرْجَعُونَ فِيهِ إِلَى اللَّهِ ثُمَّ تُوَفَّى كُلُّ نَفْسٍ مَا كَسَبَتْ وَهُمْ لَا يُظْلَمُونَ
“O you who believe, fear Allah and give up what still remains of riba, if you are believers. But if you do not (give it up), then listen to the declaration of war from Allah and His Messenger. However, if you repent, yours is your principal. Neither wrong, nor be wronged. If there is one in misery, then (the creditor should allow) deferment till (his) ease, and that you forgo it as alms is much better for you, if you really know. Be fearful of a day when you shall be returned to Allah, then every person shall be paid, in full, what he has earned, and they shall not be wronged.” (2:278 – 2:281)
There is gambling in insurance:
For example, I pay R100 premium a month; that is R1 200 per year. I may suffer a loss and benefit for a cover up of R50 000 or may even lose my premiums. That is qimaar (gambling). You stand to loose or gain.
يَسْأَلُونَكَ عَنِ الْخَمْرِ وَالْمَيْسِرِ قُلْ فِيهِمَا إِثْمٌ كَبِيرٌ وَمَنَافِعُ لِلنَّاسِ وَإِثْمُهُمَا أَكْبَرُ مِنْ نَفْعِهِمَا
Allah Ta’ala states in the Holy Quran, “They ask you about wine and gambling. Say, In both there is great sin, and some benefits for people. And their sin is greater than their benefit.” (2:219)
There is Garar (uncertainty) in insurance:
Likewise, my premiums are in lieu of an uncertain event of the future. If I suffer a loss, the company will pay and if I don’t, then they won’t pay. This is gharar (uncertainty).
And Allah knows best
Wassalaamu `alaykum
Ml. Ishaq E. Moosa,
Student Darul Iftaa
Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah