Health Insurance Law
Question:
What is the Shari'a law regarding health insurance, that is, a customer deposits a sum of money every month or every year to the "insurance company", provided that the company will cover the customer's medical expenses if needed. Keep in mind that, if there is no need for customer treatment, then he has no right to withdraw the money he has deposited with the insurance company.
Table of Content
- 1 Islamic Insurance Law
- 2 Various Reasons Forbidden Insurance
- 3 The Future Is Always Gloomy Change to Tawakkul
- 4 Closing - Insurance in Islam
- 5 Takaful?
- 6 Insurance under Islamic law
Answer:
If the reality of health insurance as you explained, then it should not (haram). Because in the contract there is gharar (unclear) and the practice of chance. A customer can often fall ill, and medical costs far more than the deposit money, even though he is not obliged to pay extra. And it could have been months he never got sick, and the insurance company would never return the deposit. For each such contract, this is a form of gambling.
Wabillahit taufiq, and may blessings and greetings be always bestowed upon the Prophet Muhammad, his family and sahabah.
Source: Majmu 'Fatawa al-Lajnah ad-Da'imah, 14/295, fatwa no. 4560
Insurance Law
As if someone's future is always bleak. Accidents will occur, the house is not safe and may catch fire or theft, the company cannot be guaranteed to continue, children's education may suddenly require large costs in the coming years. That's the picture that the insurance company deflated. What is depicted is a future that is always bleak. There is no resignation and do not believe in the promise of God who will always provide help and convenience. Why insurance that is always used as a solution for the future? This simple review will review insurance and how we should behave.
Get to know insurance
Insurance is a means of protection from financial loss. It is a form of risk management, primarily used to hedge against the risk of a contingent or uncertain loss.
An entity which provides insurance is known as an insurer, insurance company, insurance carrier or underwriter. A person or entity who buys insurance is known as an insured or as a policyholder. The insurance transaction involves the insured assuming a guaranteed and known relatively small loss in the form of payment to the insurer in exchange for the insurer's promise to compensate the insured in the event of a covered loss. The loss may or may not be financial, but it must be reducible to financial terms, and usually involves something in which the insured has an insurable interest established by ownership, possession, or pre-existing relationship.
The insured receives a contract, called the insurance policy, which details the conditions and circumstances under which the insurer will compensate the insured. The amount of money charged by the insurer to the Policyholder for the coverage set forth in the insurance policy is called the premium. If the insured experiences a loss which is potentially covered by the insurance policy, the insured submits a claim to the insurer for processing by a claims adjuster. The insurer may hedge its own risk by taking out reinsurance, whereby another insurance company agrees to carry some of the risk, especially if the primary insurer deems the risk too large for it to carry. (wikipedia)
Various Reasons Forbidden Insurance
Various types of origin insurance are haram both life insurance, goods insurance, trade insurance, car insurance, and accident insurance. In summary, insurance becomes problematic because it contains usury, qimar (gambling elements), and ghoror (lack of clarity or high speculation).
Here are the details of why insurance is prohibited:
1. The contract that occurs in insurance is a contract to seek profits ( mu'awadhot ) not to help the others.
If we look deeper, the insurance contract itself contains ghoror (element of obscurity). The first lack of clarity about when the client will receive reciprocity in the form of a claim. Not every person who is a customer can get a claim. When he gets an accident or risk, then he can ask for a claim. Even though the accident here is indeterminate, no one can find out. Maybe someone gets an accident every year, maybe for years he did not get an accident. This is the ghoror's side of time.
The other side is the ghoror side of the magnitude of the claim as reciprocity to be obtained. Also unknown is the magnitude of the claim. Though the Prophet sallallaahu 'alaihi wa sallam has banned the sale and purchase that contains ghoror or high speculation as in the hadith of Abu Hurairah, he said,
نَهَى رَسُولُ اللَّهِ -صلى الله عليه وسلم- عَنْ بَيْعِ الْحَصَاةِ وَعَنْ بَيْعِ الْغَرَرِ
" Rasulullah sallallaahu 'alaihi wa sallam forbade from buying and selling of hashoh (the result of the gravel throw, that's what was bought) and forbid from buying and selling of ghoror (containing elements of obscurity) "
(HR. Muslim no. 1513)
2. From the other side, insurance contains qimar or gambling elements.
It could be that the customer did not get an accident or it could happen once, and so on. Here it means that there is great speculation. The insurer can be profitable because it does not issue any compensation. One time the insurance company can lose big because many people get a disaster or accident. From the customer's side, he may not get any claims because he has never had an accident or risked. There are even customers who have only paid premiums several times, but they are entitled to get their claims in full, or vice versa. This is a gamble that contains high speculation. Even though Allah has clearly forbidden gambling based on the generality of the verse,
يا أيها الذين آمنوا إنما الخمر والميسر والأنصاب والأزلام رجس من عمل الشيطان فاجتنبوه لعلكم تفلحون
" O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah ], and divining arrows are but defilement from the work of Satan, so avoid it that you may be successful."
(Surah Al Maidah: 90). Among the forms of maysir is gambling.
3. Insurance contains elements of usury fadhel (usury trade because there is something excessive) and usury nasi'ah (usury due to delay) simultaneously.
If the insurance company pays to the customer or the heirs of the agreed claim money, in an amount greater than the nominal premium he receives, then it is usury fadhel . Meanwhile, if the company pays a claim as high as the premium it receives but there is a delay, then it is usury nasi'ah (delay). In this case the customer seems to give loans to the insurance. No doubt the two usury is haram according to the proposition and ijma ' (ulama agreement).
4. Insurance includes a form of gambling with banned bets.
Gambling we know there is a bet, then this is the same as the premiums that are planted. The premium here is the same as betting in gambling. But not everyone gets a claim or reciprocity, some get, some don't at all. This form is forbidden because the form of gambling that contains bets is only allowed on three games as mentioned in the hadith of Abu Hurairah, Rasulullah sallallaahu 'alaihi wa sallam said,
لاَ سَبَقَ إِلاَّ فِى نَصْلٍ أَوْ خُفٍّ أَوْ حَافِرٍ
" There are no bets in the race except in archery, camel race, and horse racing "
(HR. Tirmidhi no. 1700, An Nasai no. 3585, Abu Daud no. 2574, Ibn Majah no. 2878. Judged authentic by Shaykh Al Albani ).
Note: The scholars consider the three games above with all the things that help and support Islam, such as a race to memorize the Qur'an and a hadith memorization contest. While insurance is not included in this case.
5. In insurance there is a form of consuming the property of others by vanity.
The insurer takes the property but does not always provide reciprocity. In fact, in the mu'awadhot contract (which is a condition of profit) there must be reciprocity. If not, then it is included in the generality of the word of Allah Ta'ala,
يَا أَيُّهَا الَّذِينَ آَمَنُوا لَا تَأْكُلُوا أَمْوَالَكُمْ بَيْنَكُمْ بِالْبَاطِلِ إِلَّا أَنْ تَكُونَ تِجَارَةً عَنْ تَرَاضٍ مِنْكُمْ
O you who have believed, do not consume one another's wealth unjustly but only [in lawful] business by mutual consent. And do not kill yourselves [or one another]. Indeed, Allah is to you ever Merciful.
(QS. An Nisa ': 29).
Of course everyone is not happy if you have given money, but do not get reciprocity or profit.
" The Future Is Always Gloomy " Change to " Tawakkul "
In the context of promotion, what is planted in our minds by insurance is a bleak future. " You could have had an accident ", " Children's education could have swelled and we have no preparation ", " We could have needed sudden treatment at great expense ". Those are slogans for the sake of attracting us to become customers in insurance companies. There is no doctrine of resignation properly. Though resignation is the real way out of all the difficulties and fears of a bleak future. Because Allah the Exalted himself promises,
وَمَنْ يَتَّقِ اللَّهَ يَجْعَلْ لَهُ مَخْرَجًا (2) وَيَرْزُقْهُ مِنْ حَيْثُ لَا يَحْتَسِبُ وَمَنْ يَتَوَكَّلْ عَلَى اللَّهِ فَهُوَ حَسْبُهُ
And whoever fears (tawakul) Allah - He will make for him a way out. And will provide for him from where he does not expect. And whoever relies upon Allah - then He is sufficient for him. Indeed, Allah will accomplish His purpose. Allah has already set for everything a [decreed] extent.
(QS. Ath Tholaq: 2-3)
Tawakkul is by leaning your heart to Allah Ta'ala. But that is not enough, in resignation, someone also takes a cause or does business. Of course, the cause taken is the business that was approved by the Shari'ah. And insurance has been explained is an unlawful cause, not a Muslim can take that road. To pay for school children, can save money. For sudden treatment is not always with health insurance solutions. By keeping yourself fit, as well as financial preparations to keep the conditions of the accident uncertain, it can be a halal solution and preventive. Similarly, in the case of accidents on vehicles, we must be careful in driving and avoiding speeding, that's the key.
Remember every fortune is unlikely to escape us if indeed it was predestined by Allah. Why always mind in the mind with a bleak future? From Jabir bin 'Abdillah, the Messenger of Allaah' alaihi wa sallam said,
أَيُّهَا النَّاسُ اتَّقُوا اللَّهَ وَأَجْمِلُوا فِى الطَّلَبِ فَإِنَّ نَفْسًا لَنْ تَمُوتَ حَتَّى تَسْتَوْفِىَ رِزْقَهَا وَإِنْ أَبْطَأَ عَنْهَا فَاتَّقُوا اللَّهَ وَأَجْمِلُوا فِى الطَّلَبِ خُذُوا مَا حَلَّ وَدَعُوا مَا حَرُمَ
" O mankind, fear thou to Allah, and take a good way in seeking fortune, for in fact not a servant will die, until he really has received all his sustenance, even though it is late. So fear Allah, and take a good path in seeking sustenance. Take a walk looking for a halal fortune and leave the forbidden "
(HR. Ibn Majah no. 2144, said by Shaykh Al Albani)
Closing
From the above explanation, of course, we can conclude the prohibition of insurance, whatever its type if there are irregularities above even in the name of "shari'a insurance". What we see is essentially and not just the names and slogans. Don't be fooled by a mere syar'i Muslim. How many people use the slogan "shar'i", but in fact, it is just a hoax.
Our advice, a Muslim does not need to apply for a premium for insurance purposes. Claims obtained were clearly not lawful and should not be used. Unless you are forced to obtain it and have been bound in a work contract, then you can only use the amount of the premium deposited in health insurance and may not be more than that. If a Muslim has already fallen, try to leave it, multiply forgiveness and repentance and multiply the good deeds. If the money invested can be withdrawn, that's even more (good).
Note : The insurance we discussed above is problem insurance because there are violations as mentioned. There is insurance called ta'awuni insurance in which only tabarru'at (contract help to help) and insurance like this is not problematic. Maybe there needs to be a special discussion to further review for this insurance. May Allah make it easy and allow time to discuss it.
God knows waliyyut taufiq was sadaad.
Reference: Akhthou Sya-i'ah fil Buyu ' , Sa'id' Abdul 'Azhim, published by Darul Iman.
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