Praise be to Allaah.
1)
All kinds of commercial insurance are clearly and undoubtedly ribaa
(interest/usury). Insurance is the sale of money for money, of a greater
or lesser amount, with a delay in one of the payments. It involves riba
al-fadl (interest-based transaction) and riba
al-nas’ (interest to be charged if payment is delayed beyond
the due date), because the insurance companies take people’s money and
promise to pay them more or less money when a specific accident against
which insurance has been taken out happens. This is riba, and riba is
forbidden in the Qur’aan, in many aayaat.
2)
All kinds of commercial insurance are based on nothing but gambling
which is haraam according to the Qur’aan:
“O
you who believe! Intoxicants (all kinds of alcoholic drinks), and
gambling, and Al-Ansaab (stone altars for sacrifice to idols etc.)
and Al-Azlaam (arrows for seeking luck or decision) are an
abomination of Shaytaan’s (Satan’s) handiwork. So avoid (strictly all)
that (abomination) in order that you may be successful” (al-Maa’idah
5:90 – interpretation of the meaning).
All
kinds of insurance are kinds of playing with chances. They tell you, Pay
this much money, then if this happens to you we will give you this much.
This is pure gambling. Insisting on differentiating between insurance and
gambling is pure stubbornness that is unacceptable to any sound mind. The
insurance companies themselves admit that insurance is gambling.
3)
All kinds of insurance are forms of uncertainty, and transactions
which involve uncertainty are forbidden according to many saheeh
ahaadeeth, such as the hadeeth narrated by Abu Hurayrah (may Allaah be
pleased with him):
“The
Messenger of Allaah
(peace and blessings of Allaah be upon him)
forbade transactions determined by throwing a stone and transactions which
involved some uncertainty.” (Narrated by Muslim).
[“Transactions
determined by throwing a stone” – this was a type of transaction that
was prevalent in the markets of pre-Islamic Arabia, whereby a stone was
thrown by either the buyer or the seller, and whatever it touched, its
transaction became binding. “Transactions which involved some
uncertainty” – is a transaction in which there is no guarantee that
the seller can deliver the goods for which he receives payment. Footnotes
from the translation of Saheeh
Muslim. (Translator)].
All
forms of commercial insurance are based on uncertainty of the most extreme
kind. Insurance companies and those who sell insurance refuse to insure
cases except where there is clear uncertainty in whether or not the
condition being insured against will happen or not.
In other words, the condition being insured against must have a
possibility of happening or not happening (as opposed to, for example,
someone who has a pre-existing condition, such as a person who is on death
row applying for life insurance--translator.) Moreover, this transaction
involves something uncertain, which is when an accident will happen and
the extent of the damage caused. Hence insurance combines three kinds of
extreme uncertainty.
4)
All kinds of commercial insurance consume people’s wealth
unjustly, which is haraam according to the Qur’aan:
“O
you who believe! Eat not up your property among yourselves unjustly”
(al-Nisaa’ 4:29 – interpretation of the meaning).
All
forms of commercial insurance are fraudulent transactions aimed at
consuming people’s wealth unjustly. The precise statistics calculated by
one of the German experts state that what people get back of what has been
taken from them is no more than 2.9%.
Insurance
is an immense loss for the nation, and there is no evidence or excuse to
be found in the actions of the kuffaar who have lost the ties of kinship
and friendship and are therefore forced to resort to insurance, which they
hate as much as they hate death.
These
are only some of the violations of sharee’ah which insurance is
essentially based upon. There are numerous other violations which we do
not have room to mention here, and there is no need to do so, because just
one of the violations which we have mentioned above is sufficient to make
insurance one of the things which is most prohibited in the sharee’ah of
Allaah.
It
is a shame that some people are deceived by the ways in which the
insurance companies make insurance attractive
and confuse them by calling it “co-operative” or “mutual
support” or “Islamic”, or other names which do not change the
unjust nature of insurance in the slightest.
The
insurance companies’ claim that the ‘ulamaa’ have issued fatwaas
stating that so-called “co-operative insurance” is halaal, is a lie.
The reason for this confusion is that some insurance companies approached
the ‘ulamaa’ with a deceitful set-up which has nothing to do with any
kind of insurance, but they said that it was a kind of insurance which
they called “co-operative insurance” (to make it sound attractive and
to confuse the people). They said that it was purely in the nature of a
donation, and that it was a kind of the co-operation enjoined by Allaah in
the aayah (interpretation of the meaning): “Help you one another in Al-Birr and At-Taqwa (virtue,
righteousness and piety)…” (al-Maa’idah 5:2), and that
the aim was to co-operate in alleviating the overwhelming disasters that
may befall people. But in fact what they called co-operative insurance was
just like any other kind of insurance; the only difference was in the way
in which it was set up, not in its essential nature. It was far from being
any kind of simple donation or co-operation in righteousness and piety; in
fact it is a kind of co-operation in sin and transgression. It was not
aimed at helping to relieve the distress of calamities, but at depriving
people of their wealth by unjust means, which is absolutely haraam, as are
other kinds of insurance. Hence what they proposed to the ‘ulamaa’ is
not even insurance at all.
With
regard to the claim made by some, that part of the premium (money paid to
the insurer) is returned, this does not change anything and does not free
insurance from the taint of ribaa, gambling, transactions based on
uncertainty, unjust consumption of people’s wealth and going against the
principle of trusting in Allaah (tawakkul),
and other kinds of haraam actions. Insurance is deceit and confusion.
Anyone who wishes to learn more should refer to the essay al-Ta’meen
wa Ahkaamuhu (Insurance and its rulings). I call on every
Muslim who has pride in his religion and whose hopes are focused on Allaah
and the Last Day to fear Allaah and to avoid all kinds of insurance, no
matter how attractive their proponents make them, for they are undoubtedly
forbidden. In this manner he will protect his religion and his wealth, and
he will be blessed with security from the Owner of security, may He be
exalted.
May
Allaah help me and you to have insight into matters of religion and to do
that which is pleasing to the Lord of the Worlds.
See: Khalaasah fi Hukm al-Ta’meen by Shaykh Dr. Sulaymaan ibn Ibraaheem al-Thaniyaan
Member of faculty, Sharee’ah College, al-Qaseem