Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(46): "Forms of Dealing with Islamic Insurance Company"

Date Added : 02-11-2015

Resolution No.(46): "Forms of Dealing with Islamic Insurance Company"
Date: 2001 AD

The Board has received the following question: 

What is the ruling of Sharia on dealing with the Islamic Insurance Company?

Answer: All success is attributed to Allah.

Having reviewed the forms of transaction applied in the Islamic Insurance Company and its corporate charter, it became clear to the Board that these forms are based on the system of cooperative insurance, which is permissible in Sharia. However, the transaction of the above company is also based on reinsuring with private commercial reinsurance companies, which don`t adhere to the rules of Sharia. However, since Islamic insurance companies are obliged to reinsure with these companies to be able to operate in the insurance sector, then the situation will remain as such until Islamic reinsurance companies are established.

Consequently, reinsurance and, the case aforementioned, are considered a need tantamount to a necessity, and the Muslim scholars have stated that a need is that whose non-fulfillment leads to hardship, whether that need was public i.e. includes the whole nation or private i.e. includes a certain category such as the people of a country or a craft. Private here doesn`t refer to individual need. Therefore, it is permissible to deal with these reinsurance companies so long as there is a need for that, and within the above rules.

On its part, the Board recommends that Islamic insurance companies do their best to find international Islamic reinsurance companies so that the permissibility of dealing with the above commercial companies becomes based on a pressing necessity. The Board also demands the Legal Supervisory Department to make sure that reinsuring with commercial companies is resorted to when there is a certain need for doing so. And Allah Knows Best.

 

Iftaa` Board

Chairman of the Iftaa` Board, Chief Justice, Izz Al-Deen Al-Tamimi

 Dr. Mohammad Abu Yahia

Dr. Abdulsalam Al-Abbadi

   Dr. Yousef Gheezaan

    Dr. Umar Al-Ashkhaar

  Sheikh Saeid Hijjawi

        Sheikh Na`eim Mijahid   

Dr. Wasif Al- Bakhri

 

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Summarized Fatawaa

In life insurance with the Potash Company, enrollment is mandatory, and employees have the right to receive a cash amount from the insurance for surgeries and illnesses while employed by the company. Is the amount given by the insurance in this case permissible (Halal) or prohibited (Haram)?
 

Since the insurance is compulsory, then what the insurance company pays in return for medical treatment is similar to donation, and I pray to Allah The Almighty that this is lawful even if this service is deducted from your salary in return of it, so in this manner you take back some of the amount you paid in form of above treatment. And Allah Knows Best.

How many pieces of cloth are used to enshroud a deceased man, and a deceased woman?

A deceased woman is enshrouded in five pieces of cloth: head cover, wrapper, shirt , and two folds of cloth. On the other hand, a deceased man is enshrouded with three pieces of cloth.

Is it permissible for a woman to inherit the same share as of a man?

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Muhammad and upon all if his family and companions.                                                                                                                                                                                                 Thorough studies in which woman's right to inherit according to law of distribution of estate indicates that there are more than one case by which women inherit the same as man and sometimes much more, or to shed the lights regarding the right to inherit while men who share the same family line with her don't have the right to inherit because the deceased has closer ties of kinship with her. In addition to four cases whereas woman inherits half share in comparison with man's share although they had the same degree of kinship with the deceased. For further details as regards the latter cases, kindly refer to elaborated jurisprudence books. And Allah Knows Best.

 

 

A Christian woman wants to marry a Muslim man through an unregistered marriage contract and for a specific period because of certain circumstances. She is an adult and wants to know the correct procedure so as not to make any mistakes. What is the correct thing to do in this regard?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
Every marriage should be conducted through court in order to preserve the rights of the spouses and avoid any accusations. In fact, a person shouldn`t be ashamed of what is lawful. Rather, he/she should overcome those circumstances and start in the correct way. And Allah The Almighty Knows Best.