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Ruling on Contact Concluded between a Dentist and a non-Islamic Insurance Company

Answered according to Shafi'i Fiqh by Darul Iftaa Jordan
What is the ruling on a dentist accredited by commercial insurance companies where a (25%) of his receivables is deducted upon settling accounts with these companies ? And is that considered aiding to commit Haram ?

Answer:
Praise be to Allah, prayer and peace be upon the Messenger of Allah Shari`ah scholars drew a distinction between commercial insurance and Islamic takaful insurance. Commercial insurance is forbidden according to the majority of Muslim jurists (fuqaha) and jurisprudence assemblies because it is a contract based on gambling and betting. Allah said: “O YOU who have attained to faith! Intoxicants, and games of chance, and idolatrous practices, and the divining of the future are but a loathsome evil of Satan’s doing: shun it, then, so that you might attain to a happy state!..”{Al-Ma`idah/90}. Islamic cooperative insurance based on the principle of interdependence(takaful) ,cooperation and donation is valid from the stand point of Shari`ah . Allah said: “Help one another to righteousness and piety; do not help one another to sin and enmity.”{Al-Ma`idah/2}. This view is adopted by the majority of jurisprudence assemblies and contemporary Iftaa` departments. Although whoever aids in a commercial insurance contract is religiously sinful , the dentist is not since his relation with the insurance companies is a royalty or (Jo`alah)in Arabic .Therefore, he is allowed to make a contract whereby they agree to bring him patients for a certain amount of money that he pays to them. However, it would be better to simply deal with takaful insurance companies. And Allah knows best.

This answer was collected from the official government Iftaa Department of Jordan.

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