Fatwa: # 16424
Category: Business Matters
Country: United States
Date: 9th March 2008

Title

I am very confused about insurance matters specially health insurance

Question

 

I have a question with regard to the Fatwa #  16154  from India    .I am very confused about insurance matters specially health insurance. I live in America . My husband works for a company that provide us health benefit. Both company and my husband pay monthly to the health insurance company(Cigna). I dont know is it premium or something else.And when I go to the doctor I have to just co pay which is  a very minimum amount i.e $15 each visit.Doctor charges the bill to insurance company and the  remaining bill was paid by the insurance company directly to the doctor. 
You must be aware of the American Health System . No one can afford doctors bills and even dctors dont take a patient without health insurance unless there is a life threatening situation.
My problem is that I have to visit doctors and hospitals regularly due to my illness and to be honest we cannot afford doctor's bills by ourselves.
Both my husband and me try alot  to stay away from interest but in this matter we cannot do anything because there is no other system here.
Please suggest me what should we do? Is Health insurance haram in such countries where you have no other choice?
my second question is about celebrating birthdays and anniversiries . Is it ok if we celebrate birthdays and anniversiries but not with the intension of copying non muslims .If not is it of if we go to others birthday parties because our own close relatives can get angry  and specially if we are living together in one house.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

Our previous verdict of medical insurance was based normal circumstances.

We are aware that the state of affairs in is quite different and it has become nearly impossible for a normal family to pay the outrageous medical bills without having medical insurance. We are also aware that the some senior ‘Ulama in have giving leeway for the permissibility of medical insurance. Mufti Naval ur Rahman Madda Zilluhu has also issued a fatwa of permissibility with certain conditions. It has also come to our knowledge that Mufti Saeed Palanpuri Madda Zilluhu has likewise stated the permissibility of medical insurance, which has been confirmed by an Alim residing in . We trust the judgment of these esteemed Muftis and concur with their ruling.

The leeway for the permissibility is based on the Fiqhi rule:

الضرورات تبيح المحظورات

Necessities permit the prohibited.

Therefore, it would be permissible for a Muslim in to take medical insurance. However, one should bear in mind that the leeway is based on necessity. This leeway should not be abused to the extent that benefits are also accepted for unnecessary and superficial reasons.

2. To celebrate anniversaries and birthdays is not permitted in Shari’a. One should refrain from celebrating in a manner which resembles the disbelievers. Islam is a perfect way of life and it has taught us the occasions in which a person should express his happiness and the manner of celebration. You should also abstain from participating in other people’s birthdays and anniversaries. If the person is a relative, then try to explain to them with wisdom that you are not participating in the party not due to any ill feeling, but for the reason that Islam does not permit it. One should remember that Islam teaches us to keep good ties with our relatives. If your relatives have become upset as a result of you not participating in their anniversary or birthday, then try to reunite this relationship by showing good character and even offering gifts from time to time. If after making efforts to keep good ties they still remain upset with you and they themselves break ties, then you will not be at fault and will not be responsible.

And Allah knows best

Wassalam

Ml. Ehzaz Ajmeri,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai

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