(1) The rule of prevailing insurance
An insurance policy is that insurance policy, whether it is for life or any other thing, is illegal and prohibited, and working in it is also illegal, prohibited and a sin, and the general reason for the illegality of life insurance is usury and cruelty.
The excess amount received in the insurance policy interests because the insurance company takes its money from the policy holder for the purpose of making a profit, i.e. doing business, while considering the Shariah, it shows that it does not comply with all the Shariah principles of business along with other evils. Due to which the status of this amount is only a loan, due to which the person taking the policy (borrower) and the insurance company (borrower) are in the position and since according to Shariah taking something extra under the loan agreement, even if it is not fixed, it is interesting while the company The policy holder is obliged to pay the amount more than the accumulated amount and this is usury. Therefore, in the famous book of jurisprudence "Hidayah" about the definition of usury, there is: It is a conditional tort that is vindicated in compensation for either one.
(The Last Guide, Volume 2, Page 82, Printed in Lahore)
And interest has been condemned in the Qur'an and Hadith. Therefore, the Almighty says: ﴿ And Allah permitted the sale and forbidden ribwa (translation of Kanzala-e-Iman: And Allah permitted the sale and prohibited interest).
(Surah Al-Baqarah, Verse No. 275)
Allama Alauddin al-Muttaqi alaihi Rahmatullah al-Qawi narrates a blessed hadith in which the Messenger of Allah, may Allah bless him and grant him peace, said: "Kal kard jar profita pho riba." On the authority of al-Harith bin Abi Usamah on the authority of Amir al-Mu’minin Ali, may Allah Ta’ala wajha al-Kareem, “Translation: Every loan that brings profit interests.
(Kanz al-Umal, Kitab al-Din wal-Salam, Number of Hadith 15512, Vol. 6, p. 99, Dar al-Kitab al-Ulamiyyah, Beirut)
Allama Alauddin Haskafi (may God bless him and grant him peace) quotes in "Darmukhtar" with reference to "Al-Ishbah wal-Nazir": "Kal Qarad Jarnafa Haraam" Translation: Every loan that brings profit is Haraam.
(Darmukhtar, Kitab al-Bayu, Chapter Al-Murabaha and Tawliyyah, Vol. 7, p. 395, Dar al-Kitab al-Ulamiyyah, Beirut)
Under this, Allama Muhammad Amin Ibn Abidin Shami says in Al-Quds Surah Al-Sami "Rad al-Muhthar": "E kan modalla" means that profit is forbidden only when a condition has been placed on it.
(Rad al-Muhtar, Kitab al-Bayu, Chapter Al-Murabaha and Tawliyyah, Vol. 7, p. 395, Dar al-Kitab al-Ulamiyyah, Beirut)
And in the blessed hadith, it is said about those who take an interest in religion: Curse the Messenger of Allah, may God bless him and grant him peace, Akl al-Ruba, Muqla, Katbah, and Shahidya, he said, “The Messenger of Allah, may Allah bless him and grant him peace, said to the usurer, the one who feeds, this He cursed the writer and his witnesses and said that all these people are equal.
(Muslim, vol. 2, p. 27, published in Karachi)
And the case of injustice is that if the insurer pays the remaining installments after paying two or three installments and wants to terminate the policy, then his personal deposit amount is not returned to him and this is clearly unjust and unjust, against the Quran and Hadith and invalidly a Muslim. Perfect food. Therefore, the definition of oppression in the Arabic dictionary is as follows: "Awak al-Shi'i fi Ghir-Mouzah" means to put something in a place that is not suitable for it "Wasil al-Zalm al-Jorum Jajawza Al-Had" and the real excess of oppression is to increase the limit.
(Lan al-Arab, vol. 12, p. 373, published by Dar al-Fikr, Beirut)
And in the Holy Hadith, it was said about the taking of a perfect person unjustly: "Min Ahaq Shubra Min Arz Zulmafana Yatukah Yum Al-Qiyaamah Min Saba' Ardzin" i.e. the one who unjustly took (usurped) a whole lot of land on the Day of Resurrection, he will be encircled with seven lands.
(Mishkwa Sharif, p. 254, published in Karachi)
And about eating something unjustly, the Holy Qur'an says in Furqan Hameed:
(Surah Al-Baqarah, Chapter 2, Verse 188)
The author of Sharh Sahih Muslim Insurance explains several reasons for the corruption found in the current system. For example:
(1) In order to keep its accumulated capital in circulation, the insurance company provides loans on interest to other industrial and commercial enterprises and the prohibition of interest is absolute. As is proved by the above Sahih Muslim hadith.
(2) That if the insured wants to take a loan, the insurance company also lends to him on interest.
(3) If the insurer pays the remaining installments after paying the second installment, then his money is not returned to him, which is a cruel and illegal practice.
(4) That the insurance company returns the original amount with interest to the insured after the expiry of the term and both taking and giving interest are prohibited.
(5) That if a person dies a natural death or is killed in an accident before the completion of the period, then in the first case the amount of the entire period is given to him and in the second case the double amount is now added to him in excess of his accumulated installments. It goes, if the condition is declared obligatory (as it is in practice), then this contract is not valid, and if it is declared as donation and charity, then it is against the reality.
(Al-Mukhtasar min Sharh Sahih Muslim, Volume 5, Pages 865, 866)
(2) Regarding insurance, Sidi Ala Hazrat Imam Ahl-e-Sunnah Imam Ahmad Reza Khan (Alaihi Rahmat al-Rahman) has also said that it is not permissible. As you, peace be upon him, in his "Fatawi Rizwiyyah" in response to a question "in which the four types of insurance are described", while explaining the ruling, he says: "It is absolutely gambling and simply void that under a Shariah contract." enter into no . In such a place, corrupt contracts, which were allowed without excuse, are bound by the fact that it is self-profitable in any way, and it is not expected in any way in such companies, therefore, it is not allowed. Kumahaqiq al-muhaqiq Ali al-Alataq fi Fateh al-Qadeer.”
(Fatawi Razaviya, Volume 17 Page 365, Published by Raza Foundation, Lahore)
And in "Ihkam Shariat", Sayyidi Ala Hazrat Imam Ahl as-Sunnah (Alaihi Rahmat Rahman) ordered the justification of the insurance policy. and since the government at that time was infidel and it is permissible to take any kind of profit or property from the infidels without deceiving and deceiving them, which does not cause any harm to oneself in taking it, therefore, in terms of the government at that time, the Prophet (peace and blessings of Allah be upon him) gave the order of justification and gave it to him. Bounded by several conditions, therefore it is not right to assume the prevailing insurance policy.
Therefore, Sayyidi Ala Hazrat Imam Ahlus Sunnat Imam Ahmad Raza Khan (Alaihi Rahmatul Rahman) writes in “Uqam Shariat”: “While this insurance is only provided by the government and there is no loss in it, it is permissible that there is no harm, but the condition is that its The reason is that there is no shari'a precaution imposed against him. Like the prohibition of fasting and Hajj.
(Ihkam Shariat, Vol. 2, p. 187, Book Corner, Jhelum)
And if there are Muslims among the insurance policy makers, as our insurance policy makers are usually Muslims, then explaining the ruling, they say: "The company with which this matter is done, if there is a Muslim participant in it, it is absolutely forbidden." It is gambling and riba is added to it and both are forbidden and severe."
(Fatawi Razaviya, Volume 23 Page 595, Published by Raza Foundation, Lahore)
And it should also be remembered that many contracts with infidels are viewed as corrupt, which are not permissible with Muslims, while they should also not be cheated with infidels. As Sidi Aala Hazrat (may Allah have mercy on him) says about taking these perfections from the infidels without committing ghadar (deceit) and bidahdi: His wealth is lawful for a Muslim in whatever way it is acquired, in whatever name it is in marriage.
(Fatawi Rizviyyah Vol. 17 p. 348, Published by Raza Foundation, Lahore)
(3) The general reason for the invalidity of general insurance is the occurrence of gambling and cruelty. For example, gambling in such a way that if there is any damage to the purchased item during the specified period, then the company has to compensate for it, and thus the policy holder benefits that in this case, by paying less money, the amount is more if the loss is more and if the policy holder does not suffer any kind of loss. The air and its property were protected from the losses specified by the company for a specified period, but after the policy expires, all the money of the policy holder is confiscated and the company benefits, so this is called gambling. As it is in Fatawi Alamgiri: "Izakan al-Bad dul min al-Islakin fu qamar haram" Translation: If there is a condition of money from both sides (for example, if you are ahead then I will give so much and if I am ahead then I will take so much) this situation is gambling and haram.
(Fatawi Alamgiri, Vol. 5, p. 324, published in Quetta)
And Islam has forbidden gambling. There are evil deeds, so keep avoiding them so that you can prosper.
(Paragraph 7, Surah Al-Maidah, verse 90)
And in fact, this gambling is eating people in vain, which Allah has forbidden. Therefore, God said: And do not take your possessions among you in vain.
(Al-Quran, Surah al-Baqarah, verse 188)
And the Holy Prophet (peace and blessings of Allah be upon him) has made a promise regarding such things. Therefore, it is said in the Holy Hadith, "These men enter into the wealth of Allah without right, and on the Day of Resurrection." Translation: Indeed, some people enter into the wealth of Allah unjustly, so there will be fire for them on the Day of Resurrection.
(Musnad of Imam Ahmad bin Hanbal, Vol. 3, p. 157)
Sidi Ala Hazrat Imam Ahl-e-Sunnah Imam Ahmad Raza Khan (a.s.) while explaining the ruling of insurance, says: "This is gambling (gambling) according to Sharia. The monthly period that is given in it cannot be withdrawn before the condition. According to Sharia, that department can be the owner of it. As much as it was accumulated during the return period, the zakat of each year will be required, and if it is more than that, it will not be zakat because the insurer was not in the country.
(Fatawa Rizwiah, Volume 19, Page 502, Published by Raza Foundation, Lahore)
Further, at another place in the same, he says about marriage and life insurance: "This is gambling." In this, a certain amount of rupees is lost and the illusion of profit, which even if it is hoped for, the company is not stupid that it is one and a half thousand from the knot, but it will be the same rupee that was lost by others and among them, there will be Muslims, so there is no reason for its condition. "
(Fatawi Razaviya, Volume 17, Page 381, Published by Raza Foundation, Lahore)
While in general insurance, in the case of wrongdoing if, for example, a person insures a property, but the property is lost before the policy is completed, the Tobima company compensates for the loss.
will be responsible for doing As the questioner mentioned in the question. Although this loss is not done by the insurance company, still they are forced to pay the guarantee and this is clearly against the Quran and Hadith.
Therefore, in the Qur'an Al-Majid Furqan-e-Hamid, the Almighty says:
(Surat al-Baqarah, verse 194)
And in one more place, Almighty Allah has said: ﴿ And in your retribution, it will be the same as what you repaid (that is: And if you punish, then punish in the same way as the pain that caused you).
(Surat al-Nahl, verse 126)
When the Grand Mufti of Pakistan, Hazrat Allama Mufti Muhammad Waqaruddin Qadri Rizvi, may God bless him and grant him peace, was asked about this type of insurance, he replied: "All types of insurance are illegitimate. The rule of Islam is that whoever incurs material loss is the guarantor." It will happen and will give compensation according to the amount of loss. It is in the Holy Qur'an: ﴿Famn atdi alaikum faatdua alaihi bis maatdi alaikum (so one of the reasons why insurance for theft, robbery, fire and drowning etc. is invalid is that when the property loss insurance company did not do it, why will it pay the compensation? "
(Waqar al-Fatavi, Vol. 240, published in Karachi)
Or saying that the company assures the protection of the property, goods, vehicles, etc. of the person insured against, in case of any of the risks specified by the insurance company is bound to make good the loss, though the company does not undertake any work for the preservation of the thing, nor does it place any guard so as to actually be said to preserve and hold the goods or vehicle in trust, in which the company's breach In this case, a non-guarantee order can be imposed on the basis of guarantee and non-compliance, rather, the vehicle or property is left with the owner, which cannot be called a trust in Shariah, and there is nothing in it just to give assurance, and this is one of the actions in which the definition of injustice in Shariah comes true.
Therefore, the definition of oppression in the Arabic dictionary is described as follows: "Awak al-Shi' fi ghayr mo'a" means to keep something in such a place that it cannot be dissolved.
(Lsaan al-Arab, vol. 12, p. 373, published by Dar al-Fikr, Beirut)
And in the Holy Hadith, it was said about the taking of a perfect person unjustly: "Min Ahaq Shubra Min Arz Zulmafana Yatukah Yum Al-Qiyaamah Min Saba' Ardzin" i.e. the one who unjustly took (usurped) a whole lot of land on the Day of Resurrection, he will be encircled with seven lands.
(Mishkwa Sharif, p. 254, published in Karachi)
In another place, the Holy Prophet (peace and blessings of Allah be upon him) says: “Min kanta la muzalamma lakhiya min sarah o shi filathalla mouth al-ayum qul un la ekun dinar waladrhamalakh” means the one who has wronged his brother, in his honor or in anything (wealth or life). So, get rid of him now, before he has any money to give.
(Mishkwat al-Masabih, p. 435, published in Karachi)
Therefore, Muslims should avoid all kinds of insurance policies as much as possible. The insurance policy that is prevalent in our time is a collection of taboos that must be avoided. It is obedience to the Shariat and it is the consent of Allah and his beloved Habib.
May Allah bless all Muslims to understand the truth and follow it.
And Allah knows best, and His Messenger knows, peace and blessings of God be upon him.