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Resolutions-of-Islamic-Fiqh-Council-1

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you from the remembrance <strong>of</strong> Allah and prayer. Will you not thenabstain?” (Qur’an, 5: 90)Third: The commercial insurance contract includes Riba Al-Fadhl Wa Al-Nassa’ (usury based on unequal exchange anddelayed payment). Hence, if the insurance company paid to theinsurance policy holder, his inheritors or beneficiaries more thanthe amount that he paid to the insurance company, then it is RibaAl-Fadhl (usury <strong>of</strong> unequal exchange) and the insurancecompany makes that payment to the insurance policyholder aftera period, then it is Riba Al-Nassa, and both the transactions areprohibited in the light <strong>of</strong> the textual provisions as well as theconsensus <strong>of</strong> the Muslim scholars.Fourth: The commercial insurance contract is a kind <strong>of</strong> theprohibited betting, because it has ignorance, uncertainty andgambling. That is why the <strong>Islamic</strong> Shari’ah has not permitted thebetting except when the purpose is to support Islam. ProphetMuhammad (peace be upon him) has confined the permission <strong>of</strong>betting with a return to three things by saying: “There is nocompetition except in camel race, horse race and arrow contest.”Thus insurance does not come under this category and it has nosimilarity with it so it is prohibited.Fifth: In the contemporary insurance contract, other’s moneyis taken for nothing to give in exchange, and to take such moneyin the contracts <strong>of</strong> commercial deals is prohibited because itcomes under the general category <strong>of</strong> prohibition mentioned in theQur’an: “O you who believe! Eat not up your property amongyourselves in vanities; but let there be amongst you traffic andtrade by mutual goodwill.” (Qur’an, 4:29)Sixth: In the commercial insurance contract, there is anaspect <strong>of</strong> obligating what is not obligatory in the <strong>Islamic</strong>Shari’ah, as the insurance company does not create or cause the46

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