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When the Muslims are asked about insurance they should not hasten to
determine whether Islam can say what the Capitalists say regarding
insurance, to ensure that Islam is capable of moving with the times.
Rather, it should be asked: what is the viewpoint of Islam regarding
insurance? This would be answered by saying that the issue of
insurance is that it is a security or guarantee made by the
insurance company to the person whose possessions are to be insured.
If the possession is lost or destroyed then the insurance company
will offer either a replacement or funds equivalent to the value of
the item lost or destroyed. Thus insurance is a guarantee and
accordingly the rules regarding guarantee (Dhamaan) in Islam are
applied to it. This rule was explained in a Hadith of the
Prophet(saw).
Abu Said al-Khudri said: "we were in the
company of the Messenger of Allah at a funeral. When the body was
placed for burial, he asked: 'is there any debt upon your brother?'
We replied: 'yes, two dirhams.' The Prophet(saw) said: 'pray for
your companion.' Ali (ra) then said: 'they are on me and I guarantee
them.' The Prophet stood up, walked across to Ali (ra) and said:
'may Allah reward your good for Islam and save your security as you
saved the security of your brother.'"
It is clear in this Hadith that the guarantee is a pledge made to
reinforce another pledge i.e. the pledge of responsibility made by
Ali was joined to the pledge made by the debtor. The guarantee of
the debt is also proven in the responsibility made by the one who
pledges. It is well clear that it includes the guarantor and
guarantee about, which is the debtor, and the guarantee for whom is
the creditor. From the Hadith, it is apparent that the guarantee has
no compensation and this explains why the definition of the
guarantee (Damaan) according to the Sharee’ah is 'the linking of
responsibility of the guaranteed in committing to the payment of a
right without compensation or recompense.' In other words, it is
simply assuming the duty of a right established in the
responsibility without any compensation. With all this in mind, we
can now say that the divine rule regarding the issue of insurance is
that it is Haram and not allowed. This is because it is not about
joining a responsibility to another responsibility, beside the
insurance company did not join this responsibility to anybody; nor
is there a financial right to the guaranteed which the insurance
company has pledged to anybody; there is no guarantee for in this
contract and it was made with compensation (premium paid to the
company). Thus the contract of insurance is void of all the Islamic
conditions of guarantee stipulated by the Legislator and accordingly
is invalid (Baatil). All invalid transactions are Haram and
insurance falls into this category. This is the Sharee’ah opinion
regarding insurance, irrespective of whether it agrees with the
Capitalist viewpoint or not. The fact that the Sharee’ah is suitable
to treat a problem in a particular era does not mean that it solves
any such problem in accordance with the prevailing system of that
era. Rather, it provides its opinion regarding such problems
whatever the nature of the prevailing system of that time.
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