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Do Insurance is Haram?

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

Dear Sir,

It would be great pleasure to me if you reply my question that:

  1. Do Insurance is Haram? I am an Indian and always hear that banking, insurance, purchase on installment & bonds are Haram (forbidden). But I see that all these things are existing in Muslim countries without any hesitation. Do life, property and other insurances are Haram only in India and Halal (permissibile) in other countries. What is the differences that the same thing is Halal in one country while Haram in other countries. Do change of name or its processor makes it Haram/Halal while the last results are the same. What should be done if there is no Islamic banking in any country.
  2. Do photography is Haram? Business of studio is Halal or Haram?
  3. Do family planning is completely Haram or is it permissible in certain case? If the government says to people for family planning. Should any muslim follow it? What Islam says about to obey the rule of non islamic government.

 

Hope for your kind reply.

 

Seraj Akram

Riyadh, Saudi Arabia

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Insurance and birth control

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Your Question: Do Insurance is Haram? I am an Indian and always hear that banking, insurance, purchase on installment & bonds are Haram (forbidden).

Allah says in the Holy Quran Chapter 2 Surah Baqarah verse 274-276:

But those who devour ‘riba’ become like the one whom Shaitaan has bewitched and maddened by his touch. They have been condemned to this condition because they say, “Trade is just like ‘riba”, whereas Allah has made trade halaal and ‘riba’ haraam. Henceforth, if one abstains from taking ‘riba’ after receiving this admonition from his Lord, no legal action shall be taken against him regarding the ‘riba’ he had devoured before: his case shall ultimately go to Allah. But if one repeats the same crime even after this, he shall go to Hell, where he shall abide for ever! Allah deprives ‘riba’ of all blessing and develops charity, and Allah does not like an ungrateful, sinful person.

 

Allah says further in the Holy Quran Chapter 2 Surah Baqarah verse 278:

O Believers!, fear Allah and give up that ‘riba’ which is still due to you, if you are true believers. But if you do not do so, then you are warned of the declaration of war against you by Allah and His Messenger!

 

Allah says in the Holy Quran Chapter 4 Surah Nisa verse 161:

That they took ‘riba’, although they were forbidden. And that they devoured men’s substance wrongfully. We have prepared for those among them who reject faith a grievous punishment (of Hell Fire)!

 

Allah Says in the Holy Quran Chapter 3 Surah Ale-Imraan verses 130-132:

130 O ye who believe! Devour not ‘riba’ doubled and multiplied; but fear Allah; that ye may (really) prosper.

131 Fear the Fire which is prepared for those who reject faith.

132 And obey Allah and the Messenger; that ye may obtain mercy.

 

Al-Tirmidhi Hadith 2829 Narrated by Ali ibn AbuTalib

Ali said he heard Allah's Messenger (saws) invoke the curse of Allah on those who took usury, those who paid it, those who recorded it, and those who refused to give sadaqah.

 

Beloved brother in Islam, it is neither the concept of insurance, nor the concept of banking, nor the concept of seeking loans, nor the paying of the loans through installments per se which is illegal or prohibited in Islam, but rather what is ‘haraam’ and categorically prohibited and forbidden in Shariah is the involvement of the ‘riba’ or interest aspect, which lies at the core of the conventional interest-based insurance and financial institutions.

 

Thus brother, neither insurance, nor banking, nor loans, nor installments by themselves are unlawful in Shariah; if ‘riba’ or interest is taken out of the equation, it would be absolutely lawful for the believers to seek insurance, or bank, or seek loans, or pay in installments!

 

Your Question: But I see that all these things are existing in Muslim countries without any hesitation.

Beloved brother, your observation is indeed accurate that today there is not even one supposed ‘muslim’ country which has saved itself and its citizens from the clutches of ‘riba’ and interest!

 

But brother, what is lawful and what is unlawful is not determined by what happens in a particular ‘muslim’ nation or nations….but it is Allah and His Messenger (saws) alone who have the Sole Right to determine what is lawful and what is unlawful for the believers.

 

Allah Says in the Holy Quran Chapter 16 Surah Nahl verses 116-117:

116 But say not for any false thing that your tongues may put forth "This is lawful and this is forbidden" so as to ascribe false things to Allah. For those who ascribe false things to Allah will never prosper.

117 (In such falsehood) is but a paltry profit; but they will have a most Grievous Penalty.

Dear and beloved brother, know and believe with absolute conviction that the concept of ‘riba’ is absolutely and categorically declared as ‘haraam’, unlawful, forbidden and prohibited for the believers…..regardless of how many supposed ‘muslim’ nations and rulers chose to disobey the clear Command of their Lord Creator and allow it in their lands!

 

Your Question: ……Do change of name or its processor makes it Haram/Halal while the last results are the same.

Most people are so used to the conventional interest-based financial system, that in their ignorance of the laws of Islamic Economics they may at times accuse the Islamic Financial Institutions of dealing in interest or ‘riba’ with just a different name.

 

A simple example can be cited to make the concept of ‘haraam’ and ‘halaal’ clearer. If one marries a woman and satisfies his pleasure, it is considered ‘halaal’ and is a virtue in Islam. But if one does not marry a woman and satisfies his pleasure with her, it is considered ‘haraam’ and a huge sin in Islam! Both satisfy the carnal pleasures of man, but the difference between the two is a one-page or a simple verbal legal contract of ‘nikaah’!! I have heard some people say, what is the difference? But you and I both know, there is a huge difference in the reward and sin between the two acts, although both can be termed similar in some qualities. But Allah has made marriage ‘halaal’ and fornication and adultery ‘haraam’.

 

Similarly, although it may seem to some who are ignorant of the laws of Islamic Economics that because the Islamic Bank charges a ‘fee’ or ‘profit’ instead of ‘interest’, there is no difference in the transactions! But the truth is that because of the nature of the contract made by the Islamic Bank their transaction would be Shariah-compliant and interest-free, and thus ‘halaal’ in the sight of Shariah and Allah Subhanah, and the interest-based transaction of a conventional bank would be considered absolutely illegal and ‘haraam’.

 

Your Question: What should be done if there is no Islamic banking in any country.

Although Shariah compliant interest-free banking is now available in almost every nation, if for arguments sake, one is not available….the believer would still be required to fear Allah their Lord, and stay away from what has been clearly declared as ‘haraam’ by Allah and His Messenger (saws)….that is if indeed he fears Allah and the Last Day.

 

Just because the lawful is not available to one in the land one lives in does not give the person the right in Shariah to indulge in the ‘haraam’!

 

Your Question: Do photography is Haram? Business of studio is Halal or Haram?

Allah Subhanah has singled out ‘shirk’ or associating other deities with Allah as the one single biggest sin in Islam. Many amongst mankind through the ages used to make images and portraits of the pious amongst them, and as times and generations went by, the ignorant amongst them would start worshipping these images of their deceased pious ancestors and thus involve themselves in the abomination of ‘shirk’! Thus Allah and His Messenger (saws) guided the believers to abstain from making and glorifying images and portraits, and thus eliminated the very root that might lead some amongst them to the evil path of ‘shirk’!

 

Because the concept of cameras and photography is a technological development of man after the establishment of the Quran and the Sunnah, there is a difference of opinion amongst the scholars regarding its permissibility. The majority of the scholars of Islam are of the opinion that photography in itself is not forbidden in Islam, because it provides nothing but an exact reflection and mirror image of the creation of the Supreme Creator as opposed to paintings, or images, or the sculptures of an animate objects, where there is a possibility that man can make an imaginary addition/subtraction to the original creation of the Creator, and are thus strictly forbidden in Islam.

 

The majority of the scholars are also of the opinion that a believer must not decorate or display in his house any pictures, images, idols, or photos of animate objects, as in light of the several narrations of the Messenger of Allah (saws), the Angels of Mercy do not enter a house where there are pictures (of animate objects).

 

Almost all the scholars of Islam are unanimous in their opinion that there is no harm if one takes a portrait photograph for necessary and legal reasons, and to comply with the modern methods of identification like identity cards, driver’s license, passports, etc. Some opine that there is no harm if one wishes to take photos of family and loved ones and keeps them secured in albums for memory; but if they abstain from it, it would be better and purer for them.

 

Sahih Al-Bukhari Hadith 3.267 Narrated by An Numan bin Bashir

The Prophet (saws) said "Both legal (halaal) and illegal (haraam) things are obvious, and in between them are (suspicious) doubtful matters. So whoever forsakes those doubtful things lest he may commit a sin, will definitely avoid what is clearly illegal; and whoever indulges in these (suspicious) doubtful things bravely, is likely to commit what is clearly illegal. Sins are Allah's Hima (i.e. private pasture) and whoever pastures (his sheep) near it, is likely to get in it at any moment."

 

Your Question: Do family planning is completely Haram or is it permissible in certain case?

Islam has permitted the spacing of children in a marriage, if one wishes to do so. It has been reported in authentic narrations that some of the noble companions of the Messenger of Allah (saws) used to practice ‘coitus-interruptus’, whereby the male organ is removed from the female organ just before ejaculation.

 

Sahih Al-Bukhari Hadith 7.136 Narrated by Jabir

We used to practice ‘coitus interruptus’ during the lifetime of Allah's Messenger (saws) while the Qur'an was being Revealed.

 

Most of the scholars of Islam are of the opinion, that there is no harm if one wishes or tries to space the birth of one’s child, or even uses one of the modern forms of birth control to space the ages of their children. But all of them are absolutely unanimous in their opinion that any form of permanent birth control is absolutely forbidden in Islam.

 

But if one were to stop or limit the number of their children only because of the fear of how they will provide for them or feed them….then such a fear and belief is absolutely against the guidance of Allah and His Messenger (saws), and a grave sin in the Sight of Allah Subhanah.

 

Allah says in the Holy Quran Chapter 6 Surah Anaam verse 140:

Most surely they became losers, who, in their folly and ignorance killed their own children; and made unlawful what Allah had provided them as sustenance, falsely ascribing prohibitions to Allah. Surely, they went astray and were not at all rightly guided.

 

Allah says in the Holy Quran Chapter 6 Surah Anaam verse 151 (part):

You should not kill your children for fear of poverty; for We provide sustenance for you and will provide sustenance for them also.

 

Allah says in the Holy Quran Chapter 17 Surah Israa verse 31:

Do not kill your children for fear of want; for it is We Who provide for them, and for you as well. Indeed, their killing is a heinous crime!

 

Your Question: If the government says to people for family planning. Should any muslim follow it? What Islam says about to obey the rule of non islamic government.

There is absolutely no harm in Shariah if one wholeheartedly obeys the laws of the land one lives in, provided those laws are not against the clear Guidance and Commands of Allah and His Messenger (saws).

 

Al-Tirmidhi Hadith 3696 Narrated by An-Nawwas ibn Sam'an

Allah's Messenger (saws) said, "A creature is not to be obeyed when it involves disobedience to the Creator."

 

Regardless of whether the land or government one happens to live under is ‘Islamic’ or ‘Un-Islamic’…..their laws will only be obeyed and followed by the believers if they are not against the Guidance and Commands of Allah Subhanah and His Messenger (saws).

 

If one finds oneself in a land or a place where the government forces one to indulge in the haraam, or does not allow the believers to practice their religion…..it would become obligatory and incumbent upon the believers who are able to migrate, to migrate to a place where they would have the freedom to practice their religion.

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 97-100:

97 When Angels take the souls of those who die in sin against their souls they (the Angels) will ask: "In what (plight) were ye?" They reply: "Weak and oppressed were we in the earth." They (the Angels will) say: "Was not the earth of Allah spacious enough for you to move yourselves away (from evil)?" Such men will find their abode in Hell! What an evil refuge!

98 Except those who are (really) weak and oppressed, men women and children, who have no means in their power nor (a guide-post) to direct their way.

99 For these there is hope that Allah will forgive: for Allah doth blot out (sins) and forgive again and again.

100 He who forsakes his home in the Cause of Allah finds in the earth many a refuge, wide and spacious: should he die as a refugee from home for Allah and his Messenger, his reward becomes due and sure with Allah: and Allah is Oft-Forgiving, Most Merciful.

 

If one trusts, obeys, and follows the guidance and commands of Allah and His Messenger (saws), one can be assured of never ever being misled; but if one believes, obeys and follows any other guidance, other than that of Allah and His Messenger (saws), one can be assured of being led astray.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan


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