A Warm Call from Hizb ut-Tahrir to the Muslims - MyKhilafah.com

62 u A Warm Call from Hizb ut-Tahrir to the Muslims
now say that the divine rule regarding the issue of insurance is that it is
Haram and not allowed. This is because it is not about joining a
responsibility to another responsibility, beside the insurance company
did not join this responsibility to anybody; nor is there a financial right
to the guaranteed which the insurance company has pledged to anybody;
there is no guarantee for in this contract and it was made with
compensation (premium paid to the company). Thus the contract of
insurance is void of all the Islamic conditions of guarantee stipulated by
the Legislator and accordingly is invalid (Baatil). All invalid transactions
are Haram and insurance falls into this category. This is the Sharee’ah
opinion regarding insurance, irrespective of whether it agrees with the
Capitalist viewpoint or not. The fact that the Sharee’ah is suitable to treat
a problem in a particular era does not mean that it solves any such
problem in accordance with the prevailing system of that era. Rather, it
provides its opinion regarding such problems whatever the nature of
the prevailing system of that time.
Another example is trade with other states. It is not correct to ask the
Muslims about whether the Islamic view concerning foreign trade
accepts the principle of freedom of exchange or protectionism, the
principle of a national economy or a policy of self-sufficiency. They
rather should be asked about the Islamic opinion concerning the issue of
trade relations. The answer to this is what Allah said:
"… Allah has permitted trading…" [TMQ Al-Baqarah: 275].
He also said:
"… except it be a trade amongst you, by mutual consent…" [TMQ An-Nisa:
29].
"…Save when it is a present trade which you carry out on the spot among
yourselves…" [TMQ Al-Baqarah: 282].
A Warm Call from Hizb ut-Tahrir to the Muslims u 63
Thus Islam permits selling and trading, using a general wording text,
whether inside the domain of the Islamic State or outside it. This
includes everyone who is a citizen of the Islamic State, whether Muslim
or non-Muslim. However, the one who does not hold the citizenship of
the Islamic State is considered hostile as in the situation where there is
war between the Muslims and a state such as Israel; or considered hostile
even when no state of war exists such as between the Muslims and a
state such as Germany. An individual considered hostile is not permitted
to enter the Islamic State unless he has been granted special permission
for every visit he makes to the State, if there is no treaty between the
State and the country of his origin. Where such a treaty exists, he would
be permitted to enter the State according to the terms of the treaty. The
rule regarding the hostile person applies both to him and his property.
This means that it is permitted for the citizens of the Islamic State to
engage in foreign trade without restriction, except in those commodities
whose trade would cause harm to the State. Regarding the citizens of
other states, the State has the right to impose those restrictions it sees as
necessary, whether there exist treaties or not, according to the rules
regarding hostile people or peoples with whom a state of war exists. It
should not be asked about whether this opinion agrees with the
prevailing legislation in this particular era, but it should only be asked
about the opinion itself and the evidences it is derived from.
The banks are another example. It is not correct to ask the Muslims
about whether Islam offers the same viewpoint as Capitalism regarding
the banks and their organisation and the permissibility of allowing usury
and interest. The Muslims must be asked about the opinion of Islam
regarding banks. The answer is that the reality of the current banking
system is that it is based on usury in providing long-term and shortterm
loans besides operating current account and credit facilities and
so on. Regarding the transferring of funds and maintaining deposits or
security, it is allowed to do so with or without charging a fee. Regarding
any transactions relating to usury, these are definitely Haram. This is
because Allah says:
"…Whereas Allah has permitted trade and forbidden usury…" [TMQ Al-
Baqarah: 275].
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39