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Resolutions of Iftaa' Board

Resolution No.(46): "Forms of Dealing with Islamic Insurance Company"

Date Added : 02-11-2015

Resolution No.(46): "Forms of Dealing with Islamic Insurance Company"
Date: 2001 AD

The Board has received the following question: 

What is the ruling of Sharia on dealing with the Islamic Insurance Company?

Answer: All success is attributed to Allah.

Having reviewed the forms of transaction applied in the Islamic Insurance Company and its corporate charter, it became clear to the Board that these forms are based on the system of cooperative insurance, which is permissible in Sharia. However, the transaction of the above company is also based on reinsuring with private commercial reinsurance companies, which don`t adhere to the rules of Sharia. However, since Islamic insurance companies are obliged to reinsure with these companies to be able to operate in the insurance sector, then the situation will remain as such until Islamic reinsurance companies are established.

Consequently, reinsurance and, the case aforementioned, are considered a need tantamount to a necessity, and the Muslim scholars have stated that a need is that whose non-fulfillment leads to hardship, whether that need was public i.e. includes the whole nation or private i.e. includes a certain category such as the people of a country or a craft. Private here doesn`t refer to individual need. Therefore, it is permissible to deal with these reinsurance companies so long as there is a need for that, and within the above rules.

On its part, the Board recommends that Islamic insurance companies do their best to find international Islamic reinsurance companies so that the permissibility of dealing with the above commercial companies becomes based on a pressing necessity. The Board also demands the Legal Supervisory Department to make sure that reinsuring with commercial companies is resorted to when there is a certain need for doing so. And Allah Knows Best.

 

Iftaa` Board

Chairman of the Iftaa` Board, Chief Justice, Izz Al-Deen Al-Tamimi

 Dr. Mohammad Abu Yahia

Dr. Abdulsalam Al-Abbadi

   Dr. Yousef Gheezaan

    Dr. Umar Al-Ashkhaar

  Sheikh Saeid Hijjawi

        Sheikh Na`eim Mijahid   

Dr. Wasif Al- Bakhri

 

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Summarized Fatawaa

What is the ruling on someone who curses the religion or commits an act of disbelief during the day in Ramadan?

Whoever apostatizes (leaves Islam) while fasting, their fast is invalid. Cursing the religion is an act of apostasy (may Allah protect us from it). Such a person must return to Islam by pronouncing the Shahadah (testimony of faith), seek Allah’s forgiveness, refrain from eating and drinking for the rest of the day, and make up for that day’s fast later.

What is the ruling on performing the standing (qiyām) and bowing (rukū‘) portions of the prayer normally, while performing the prostration (sujūd) seated due to knee pain?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If performing sujūd (prostration) in prayer causes the worshipper pain in the knees, then it is permissible for him to perform it through gesture (īmā') while seated, since Allah, Glorified and Exalted is He, has lifted hardship from His servants. On the authority of ‘Imrān ibn Ḥuṣayn (raḍiyallāhu ‘anh), he said: "I suffered from hemorrhoids, so I asked the Prophet ﷺ about [how to perform] the prayer, and he said: 'Pray standing; if you are unable, then sitting; and if you are unable, then on your side.'" [Ṣaḥīḥ al-Bukhārī]
If the valid excuse later subsides, the worshipper is then obligated to perform the prayer with all its pillars and conditions fully observed — including standing, rukū‘ (bowing), and sujūd (prostration). And Allah, the Exalted, knows best.

What is the Islamic ruling on the Udhiyah (sacrificial offfering)?

 
 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Udhiyah (sacrificial offering) is a Confirmed Sunnah (Sunnah Mu’akkadah) for every adult Muslim of sound mind who possesses the financial means, whether they are a resident, a traveler, or a pilgrim (Haj). This is based on the statement of the Prophet ﷺ: 'When the ten days [of Dhu al-Hijjah] begin and one of you desires to offer a sacrifice, let him not touch [cut] anything of his hair or skin' [Narrated by Muslim].
 
The point of evidence (Wajh al-Dalalah) here is that the Prophet ﷺ linked the sacrifice to the individual's will and desire by saying, 'and one of you desires.' This indicates that it is not obligatory (Wajib); had it been mandatory, he would have simply said, 'let him not touch his hair until he sacrifices' [without making it conditional upon desire].
 
Furthermore, it is narrated that Abu Bakr and Umar (may Allah be pleased with them both) would sometimes refrain from offering the sacrifice out of fear that people might mistakenly view it as an obligatory duty [Narrated by al-Bayhaqi and others with a good (Hasan) chain of transmission]. And Allah the Exalted knows best.

What is the virtue of performing ‘Umrah in Ramadan?

Ibn ‘Abbas narrated: "When the Prophet ﷺ returned from his Hajj, he said to Umm Sinan Al-Ansariyyah: ‘What prevented you from performing Hajj?’ She replied: ‘Abu So-and-so (referring to her husband) had two camels—he performed Hajj on one of them, and the other was used to irrigate our land.’ The Prophet ﷺ then said: ‘Performing ‘Umrah in Ramadan is equivalent to Hajj with me.’" [Narrated by Al-Bukhari]
The Prophet ﷺ also said: "An ‘Umrah in Ramadan is equivalent to a Hajj." [Narrated by Al-Tirmidhi]
For those who miss the opportunity to perform ‘Umrah in Ramadan, there are many other ways to earn great rewards. One of them is praying Fajr in congregation, then remaining in the mosque remembering Allah until sunrise, and praying two rak‘ahs.
The Prophet ﷺ said: "Whoever prays Fajr in congregation, then sits remembering Allah until the sun rises, and then prays two rak‘ahs, will receive the reward of a complete Hajj and ‘Umrah—complete, complete, complete." [Narrated by Al-Tirmidhi]

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