Question 180: Is the insurance contract compatible with the principles of the Ahl al-Bayt (peace be upon them)?

211 13 Feb 2021
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✅Answer: Insurance is one of the new and modern matters that has entered Islamic countries from the West.

Although insurance has different types, in general, insurance is a contract according to which an insured person pays certain amounts in installments or a lump sum to an insurance company, and according to it, the insurance company, within relatively specified limits, pays certain amounts to the insured person in case of the occurrence of the mentioned matters in the insurance contract, such as illness, fire, accident, etc.

✅Regarding insurance, pay attention to the following points:

✅1- The insurance contract is not fully compatible with any of the valid Islamic contracts, such as mudaraba (profit-sharing), ju'ala (commission), hibah (gift), shirka (partnership), ijara (lease), sulh (reconciliation), etc. And because of the fundamental differences, it cannot be included in these contracts and its Islamic legality cannot be proven. Of course, most of the proponents of insurance also admit to this and therefore believe that the permissibility of insurance does not need to be a subset of valid Islamic contracts!

✅2- Everyone agrees that insurance has entered from Western and non-Islamic nations and has not existed among Muslims for many years, and after its entry among Muslims, it has been either confirmed or rejected by jurists.

✅3 - The approach of those who act upon the narrative texts is different from the approach of the people of ijtihad in many issues, especially modern issues such as insurance.

✅Insurance, as a contract that includes taking and giving, undoubtedly needs a specific or general confirmation from the narrations of the Ahl al-Bayt (peace be upon them). Pay attention to the following narrations:

عَنِ الرِّضَا قَالَ لَا یَحِلُّ مَالٌ إِلَّا مِنْ وَجْهٍ أَحَلَّهُ اللَّهُ

📚Al-Kafi, Vol. 1, p. 548

Translation: Imam Reza (peace be upon him) said: No property is permissible except from a way that Allah has made it permissible.

فُضَیْلٍ قَالَ سَمِعْتُ أَبَا جَعْفَرٍ یَقُولُ کُلُّ مَا لَمْ یَخْرُجْ مِنْ هَذَا الْبَیْتِ فَهُوَ بَاطِلٌ

📚Basa'ir, Vol. 1, p. 511

Translation: Fudayl said: I heard Imam Baqir (peace be upon him) say: Whatever does not come out from this House (the Ahl al-Bayt, peace be upon them) is null and void.

✅Numerous narrations indicate the necessity for the religious matters of the Shi'a to be compatible with the sayings of the Ahl al-Bayt (peace be upon them), and insurance is one of these matters, and until a specific or general principle from the hadiths confirms it with certainty and clarity, it has no place for practice or entry into the realm of Shi'a beliefs.

✅In addition to the important points above, insurance is a contract based on giving property to a company and a definite mutual condition for repayment that includes an increase, and if this is not exactly usury, the severe suspicion of usury is evident in it, and the amounts that the insurance company gives to the insured person under various titles, which are more than his payments, have the greatest resemblance to usury:

عن الصادق فی حدیث قَالَ جَاءَ الرِّبَا مِنْ قِبَلِ الشُّرُوطِ إِنَّمَا یُفْسِدُهُ الشُّرُوطُ

📚Al-Kafi, Vol. 5, p. 244

Translation: Imam Sadiq (peace be upon him) said in a hadith: Usury is created in the light of conditions, for conditions are what cause its corruption.

عَلِیُّ بْنُ جَعْفَرٍ قَالَ وَ سَأَلْتُهُ عَنْ رَجُلٍ أَعْطَی رَجُلًا مِائَةَ دِرْهَمٍ یَعْمَلُ بِهَا عَلَی أَنْ یُعْطِیَهُ خَمْسَةَ دَرَاهِمَ أَوْ أَقَلَّ أَوْ أَکْثَرَ هَلْ یَحِلُّ ذَلِکَ قَالَ لَا هَذَا الرِّبَا مَحْضاً

📚Masail Ali ibn Ja'far, p. 125

Translation: Ali ibn Ja'far said: I asked Musa ibn Ja'far (peace be upon him): A man gives another one hundred dirhams to work with on the condition that he pays him five dirhams or less or more, is this permissible? The Imam said: No, this is pure usury.

✅Note: The goal that is raised for insurance is to provide peace and security for the future, so that in case of a financial or physical problem or calamity, there is a support to compensate for the losses, for example, in case of an illness that requires a lot of money for treatment and we are unable to pay for it, the insurance company takes on a percentage of the costs, or in case of our inability to work in old age, it pays us a pension in exchange for the money that we have gradually deposited into the insurance company's account. The tendency towards this new and highly suspicious matter spreads when people abandon reliance on God, have unnecessary fear of the future, and when obligations such as maintaining kinship ties, zakat, known right (haqq al-ma'lum), ma'un (small kindnesses), مواسات (empathy), supporting brothers, lending to the needy, etc., are weakened, because the calamities that insurance takes on in exchange for money that it takes from the rich and poor and profits from, are provided for in Islam through the above ways, and the divine traditions and obligations are abandoned, and in return, people try to solve their problems through newly created and suspicious matters.

✅Note: Cases where insurance is mandatory, such as vehicle insurance or insurance for Hajj or Karbala pilgrimage, are justified according to the hadith of necessity. There are other doubts about insurance besides the ones mentioned.