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Health Insurance?


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#1 Guest_jo_n_cho_*

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Posted 29 August 2006 - 03:48 AM

Salam Alaikum Sisters,
My husband has been reading fatwas about insurance, and it seems to be haram. My question is how am I supposed to get the right medical care and stay out of major debt without it? Unfortunately, I get sick all the time and am always having tests run. I know that if we didn't have the insurance, we would be in major, major debt. Is there any solution? Should I get rid of it and incur the immense financial burden?

#2 rayofhope04

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Posted 29 August 2006 - 05:52 AM

Wa alaikum as-salaam wa rahmatuAllahi wa barakaatuh sis smile.gif

This may help inshaAllah:

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QUOTE

4210      

He fears that if he does not have health insurance he will become bankrupt

Question:
Assalamu alaikum.
What does Islam say about having Hospital insurence in a country like USA? It is very expensive to treat medically and if u don't have any insurance, probably they would not treat u or u will be bankrupt totally!
Zajakallahu Khairan

Answer:

Praise be to Allaah.

We put the following question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen:

Health care in the US where I live is very expensive, and if I do not have health insurance they will not treat me. If I want to pay for my own health care, I will go bankrupt and may even end up in prison. Is this considered to be a valid excuse for taking out health insurance, which is a form of gambling, given that there is no Islamically-acceptable form of insurance and I cannot afford to pay for health care for myself, my children and my wife in the way that is usual in some other countries?

The shaykh, may Allaah preserve him, answered as follows:

“So long as the man knows that this is a form of gambling, this is not permissible because it is of the works of the Shaytaan. He should rely on Allaah and put his trust in Him, because whoever puts his trust in Allaah, Allaah will suffice him, and whoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (of every difficulty). So it is not permissible for him to get involved in insurance.”

We have already explained that the reason why health insurance is like a form of gambling is that a person pays a sum of money which becomes the property of the insurance company; if he falls sick or has an accident he will benefit, otherwise his money is gone. Moreover, the benefits he gains may be equal to what he has paid, or they may be more, or less. This involves jahaalah (buying something sight unseen) and undue risk, or consuming wealth unlawfully. It also means that one of the two parties will suffer a loss. I wish that some of the Muslims or wise people would set up cooperative insurance institutions that are in accordance with Islamic sharee’ah, the basic idea of which would be for people to cooperate in making payments to a specific account (that is not owned by any third party), so that if any one of them falls sick or has an accident, he will be compensated, with the consent of his partners. There would be nothing wrong with paying a salary to those who take care of this account, or with investing the money in another company according to a certain level of profit. And Allaah is the source of strength.

Islam Q&A
Sheikh Muhammed Salih Al-Munajjid



AND........... smile.gif

QUOTE

  39474      

Benefitting from insurance

Question:
In 1996 I was in a car crash, and I was supposed to submit my papers to the insurance company, but I did not do so until I was in another accident in 2001, when I did not have any insurance. As a result of that accident I became paralyzed and needed treatment. I am very poor, praise be to Allaah. Because I tried all possible ways (with no success) can I submit my papers to the insurance company? Allaah knows the distress and hardship that I am facing.

Answer:
Praise be to Allaah.  

We ask Allaah to heal you and restore you to health, and to relieve your distress and hardship.

If what is meant by submitting your papers to the insurance company is that you have health insurance, or intend to take out health insurance, you should note that this insurance is haraam, as is so-called life insurance, because the insurance policy in both cases involves ambiguity and a kind of gambling. This has been stated by the scholars in their fatwas.

It says in Fataawa al-Lajnah al-Daa’imah (15/297):

A – It is not permissible for the Muslim to insure himself against sickness, whether that is in a Muslim country or in a kaafir country, because that involves ambiguity and a kind of gambling.

B – It is not permissible for a Muslim to insure his life or all or some of his physical faculties, or to insure his wealth, possessions, cars and the like, whether that is in a Muslim country or in a kaafir country, because these are kinds of commercial insurance, which is haraam because it involves ambiguity and a kind of gambling.

End quote.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: “Insurance means that a person pays a certain amount to the company each month or each year against an accident that may happen to the thing insured.

It is known that the one who pays insurance is losing in all cases, and the insurance company may win or lose, because if the accident is very serious and costs more than the money paid by the customer, the company will lose, but if it is minor and costs less than the money paid by the customer, or if no accident happens at all, then the company will win and the customer will lose.

This kind of contract – i.e., contracts in which a person may win or lose – is regarded as a kind of gambling which Allaah forbids in His Book and mentions alongside drinking alcohol and worshipping idols.

Based on this, this kind of insurance is haraam. I do not know of any kind of insurance based on ambiguity that is permissible, rather all kinds are haraam, because of the hadeeth of Abu Hurayrah (may Allaah be pleased with him) who said that the Prophet (peace and blessings of Allaah be upon him) forbade transactions based on ambiguity.

And Shaykh Ibn ‘Uthaymeen said:

Life insurance is not permissible, because if the angel of death comes to the one whose life is insured, he cannot refer him to the insurance company. So this is a mistake and foolish misguidance, and it involves depending on this company instead of Allaah, because the person is depending on the company, if he dies, to take care of his heirs, which means depending on someone other than Allaah.

This is akin to gambling, indeed it is gambling in a real sense, and in His Book Allaah mentions gambling alongside shirk, divination with arrows and alcohol.

In the case of insurance, a man may pay money for years and years, and he may lose it, but if he dies soon the company may be the loser. All contracts in which there may be gains or losses are kinds of gambling.

End quote. From Fataawa ‘Ulama’ al-Balad al-Haraam, p. 652, 653.

See also questions no. 10805 and 8889.

Secondly:

If you are forced to take out insurance and there is an accident, it is permissible for you to take from the insurance company the same amount as the payments you have made, but you should not take any more than that. If they force you to take it then you should donate it to charity.

We advise you to fear Allaah and to turn to Him and make a lot of du’aa’, for anyone who turns to Him will never be disappointed. And we remind you of the words of the Prophet (peace and blessings of Allaah be upon him): “Whoever is stricken with poverty and turns to people for help, his needs will never be met, but whoever is stricken with poverty and turns to Allaah, Allaah will send him provision sooner or later.”

Narrated by al-Tirmidhi, 2326; Abu Dawood, 1645. Classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.

And Allaah knows best.

Islam Q&A



Zahra wink.gif

83035      

Prohibition on commercial insurance in all its forms

Question:
I heard that insurance is haraam, whether it is cooperative or otherwise. What should I do, as I have insurance on my car and my driving licence and I intend to get health and life insurance too?.

Answer:
Praise be to Allaah.

Insurance is divided into commercial and cooperative types, between which there are differences which are explained in the answer to question no. 36955. Cooperative insurance is permissible if you adhere to the conditions mentioned in the question referred to, but it is hard to find. Some companies claim that they adhere to cooperative insurance but in fact they do not and their insurance is commercial.

Secondly:

If a person is forced or required by the state to take out insurance on his driver’s licence or car, there is no sin on him if he takes out insurance in that case, but he should limit himself to that which will ward off harm from him; he does not have the right to take out comprehensive insurance when there is third party insurance available, because one of the basic principles of sharee’ah is that things are permitted only to the extent that is necessary. See the answer to question no. 45918.

Thirdly:

It is not permissible to take out health insurance or life insurance. See the answer to question no. 10805 and 39474.

And Allaah knows best.

Islam Q&A





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