Islam’s position on prevalent forms of insurance - SunniPath Answers (http://qa.sunnipath.com) June 1, 2007
Posted by islamicfinanceaffairs in Uncategorized.trackback
Islam’s position on prevalent forms of insurance
Answered by Shaykh Muhammad ibn Adam al-Kawthari
The reason why all forms of commercial insurances prevalent in modern trade are unlawful and against the principles of Shari’ah, is that they have either an element of interest (riba) or chancing (qimar), both of which have been explicitly and sternly forbidden by Allah Most High in the Qur’an
Salam.
Aren’t there qualified traditional scholars who have given fatwa that certain types of insurance are permissible, such as Shaykh Mustafa Zarqa and Shaykh Wahba Zuhayli? Are their opinions not valid to follow? On what basis - their lack of qualifications or their conclusions? Isn’t it problematic to discount a qualified scholar based on his conclusion? Rather, shouldn’t it be included in the discourse as a valid opinion?
I bring this up because in the US, it is practically impossible for one to afford medical care without medical insurance. For example, an ambulance ride alone across a parking lot would cost $700. Let alone a major treatment plan or procedure. It seems clear that this is indeed undue hardship, which is regarded as a basis for permissibility.
Thank you for addressing my concern.
Shaykh Wahba Zuhayli does not consider conventional insurance policies to be permitted.
The issue you mention–particularly with regards to medical insurance–is one of exceptional situations and circumstances.
A general ruling does not necessarily apply to all particular situations; and exceptional situations may have exceptional rulings.