Order of insurance in Islam

Question Answer

﴿ يَآ أَيُّهَا الَّذِينَ اٰمَنُوآ اِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالْأَنْصَابُ وَالْأَزْلَامُ رِجْسٌ مِّنْ عَمَلِ الشَّيْطَانِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُون﴾ [المائدة: 90]
According to Sharah Ma'ani ul Aasaar.

" عَنْ عَمْرِو بْنِ يَثْرِبِيٍّ، قَالَ: خَطَبَنَا رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ: «لَا يَحِلُّ لِامْرِئٍ مِنْ مَالِ أَخِيهِ شَيْءٌ إِلَّا بِطِيبِ نَ
مِنْهُ»". (2/313، کتاب الکراهة، ط: حقانيه)

Sahi Muslim

عَنْ جَابِرٍ، قَالَ: «لَعَنَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ اٰكِلَ الرِّبَا، وَمُؤْكِلَهُ، وَكَاتِبَهُ، وَشَاهِدَيْهِ»، وَقَالَ: «هُمْ سَوَاءٌ»".(3/1219، کتاب المساقات،دار احیاء التراث ، بیروت)

Author Abi Ibne Shaiba
"عن ابن سیرین قال: کل شيء فیه قمار فهو من المیسر".(4/483، کتاب البیوع والأقضیة، ط: مکتبہ رشد، ریاض)
Fatawa Shami
"وَسُمِّيَ الْقِمَارُ قِمَارًا؛ لِأَنَّ كُلَّ وَاحِدٍ مِنْ الْمُقَامِرَيْنِ مِمَّنْ يَجُوزُ أَنْ يَذْهَبَ مَالُهُ إلَى صَاحِبِهِ، وَيَجُوزُ أَنْ يَسْتَفِيدَ مَالَ صَاحِبِهِ وَهُوَ حَرَامٌ بِالنَّصِّ".(6 / 403، کتاب الحظر والإباحة، ط: سعید) فقط والله أعلم

About insurance policy or Takaful
Fatwas of the scholars:

Insurance costs (Masaref)

Question :

I want to insure myself and my children. Please guide me, which policy I can get?

Answer:

The case of all insurance companies is a matter of interest, just like the business of a bank, the only difference between the two is the form, and there is "gambling" with "interest" in insurance, and both are forbidden in Islam. Yes, their prohibition is proved by the clear and definite texts of the Holy Qur'an. No expediency of any time can make this prohibition lawful.

In insurance, "interest" is in the sense that in case of an accident, the amount received is more than the amount deposited and the excess amount is interest, and "gambling" is in the sense that in some cases, if the accident does not occur, the deposit is also refunded. If not, the insurance company becomes the owner of this money.

Question :

In the same way, ignorance and arrogance (deception) are also found in it, and the matter of ignorance and arrogance has been declared void by the Shari'ah.

 I would like to ask you a few questions about the current Takaful, I hope you will be satisfied by answering.

According to the majority of scholars, it is illegal and haraam for any kind of insurance policy to be a combination of interest and gambling, and as an alternative to the prevailing insurance, some institutions which are called "Takaful". The system is running, most of the serious and influential scholars have an unjustified opinion about this system. These deals are mixed, so they are not valid. Therefore, it is necessary to avoid taking any kind of Takaful policy. Only Allah knows best More details have been learned from the scholars

The Takaful Waqf Fund is in the form of cash and Takaful supporters say that at the time of Waqf, the amount of money was determined and in case of investing in the market when the money is returned including profit. The same amount is dedicated. Please explain the nature of such a waqf? Proponents of Takaful say that the Takaful operator does not need to know whether the client's property is haraam or not. However, if it is known that full or dominant income is haraam, then you should not work with such a client. I would like to know if a corporate client who is registered in the stock market, whose share price leads to trading in the market, would be correct to say that haraam, which is not estimated, can be used?

According to the majority of scholars, any type of insurance policy is illegal and haraam because it is a combination of interest and gambling. According to him, he has based it on the rules of waqf.

Question :

The method is that a few people set up a company together, then set up a waqf fund by dedicating a certain amount of cash, so Takaful policy makers pay a monthly fee for each type of Takaful, which A portion of is invested in the Waqf Fund, and a portion is invested in the trade. They set out the conditions for the expenditure of the fund (ie: suspension) that the policyholder will contribute to the fund in such a large amount when needed, and when he contributes in such a large amount. He will be helped so much by this fund.

 Initially, those who set up a waqf fund make their own takaful and also benefit from the benefits of the waqf property under their own set of waqf conditions.

Most serious and respected scholars do not consider the Takaful system to be in accordance with Shari'a. According to them, the rules of Waqf are not fully observed in this system. Whether it is necessary to know whether it is halal or haraam) Some of the basic flaws of this system are mentioned:

1.  In the usual Takaful, the founders of the Waqf Fund initially make their own Takaful, and benefit from their own Waqf property under their own set of Waqf conditions, whereas the Waqf of cash is itself a sight to behold, if due to interaction. Even if this is taken to be correct, the one who dedicates Naqood cannot benefit from his own dedicated movable item (Naqood, etc.), ie, “Waqf Ali Al-Nafs” is not valid in movable objects.

2.   The second flaw in this system is that the contract here is more towards the company (the legal person), which is a fictitious and moral thing, it does not exist externally, while the contracting parties are sane, mature. It is necessary, and obviously it is not possible to find these qualities in a legal person, on the basis of which all matters are in fact handled by the directors of the company. 

And make the other legal person (company) "Mudharib", while both the trustees are themselves. Because the directors represent the company and the waqf fund, as if to say that (from the waqf fund) we give for the money, and (from the company) we receive for the money. On the other hand, these directors are usually called the company, as a result of which only one (real) person became the lord of wealth and himself became Mudharib, which is not legal.

Question :

 3.   The third flaw in this system is that the amount of the donation is the property of the waqf and according to Shari'ah it is not permissible to return the money to the owner, neither the return of the total nor the return of the part, but only waqf May be spent on the interests and purposes of Yes, there is no precedent in the Shari'ah.

  4.   The fourth flaw in this system is that the Islamic system of sponsorship is based on pure extortion. As charities and charities are doing this work, the contract between the policyholder and the waqf fund in the current Takaful is a contract of compensation.

If the business is in the hands of the government and the interest earned from it is paid in taxes or is used in the work which is the responsibility of the government or is done in the work which is not the responsibility of the government; But they get help from the government and the government sometimes helps them. So will this insurance case be legitimate?

There are two separate issues here: one is to participate in the insurance for these expenses, the other is to spend the interest on these expenses after participating.

As far as the second issue is concerned, obviously it is only a question of expenses, so the answer is that if someone mistakenly took out insurance and the amount of interest came in his name, then that person will pay the amount of interest:

In tax (in the tax which the government collects from the subjects, such as income tax, etc.).

And may give in the works which are considered the responsibility of the government.