Question

1. I am planning to buy medical insurance. I am an unemployed person, who recently paid a large amount of money for my wife's treatment. Is it halal? Especially in the changing circumstances post-Covid scenario.

2. If the above is not halal then, another scenario is that my father has worked for 27 years in government services. He must have paid lakhs of rupees in taxes to the government. In this case, can I buy government insurance and claim up to the amount of taxes paid in his life? will this be applicable even after his death?

Answer 1

Ref. No. 1498/42-000

In the name of Allah the most Gracious the most Merciful

The answer to your question is as follows:

Medical insurance has been declared illegal by the jurists even in the present age. The entire amount deposited in the insurance company is usually lost, it is not refunded. However, the company cooperates in certain conditions when needed. Any dealing that ensures either profit or loss for the parties is gambling in Shari'ah terms. Since it is like usury and gambling which are strictly forbidden by the Shari'ah, it is not permissible.

Also, all the taxes paid by the father in his lifetime has already gone to the government. The son had no right over it before, nor does he have too. Hence, it is not permissible for the son to take insurance in its name. The insurance which is mandatory and legally required by the government and the person has no choice but to opt for it, it is permissible; while we do not know any such law on medical insurance.

وَلَا تَأْکُلُوْا أَمْوَالَکُمْ بَیْنَکُمْ بِالْبَاطِلِ﴾ أي بالحرام، یعني بالربا، والقمار، والغصب والسرقة (معالم التنزیل ۲: ۵۰) ، لأن القمار من القمر الذي یزداد تارةً وینقص أخریٰ۔ وسمی القمار قمارًا؛ لأن کل واحد من المقامرین ممن یجوز أن یذہب مالہ إلی صاحبہ، ویجوز أن یستفید مال صاحبہ، وہو حرام بالنص (شامی، کتاب الحظر والإباحة، باب الاستبراء، فصل في البیع ۹: ۵۷۷، مطبوعہ: مکتبہ زکریا دیوبند)۔

And Allah knows best

Darul Ifta

Darul Uloom Waqf Deoband