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Resolutions-of-Islamic-Fiqh-Council-1

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compulsory measure in cases such as third party car insurance inorder to protect the life <strong>of</strong> victims in the car accidents if the car’sowner or driver happens to be a poor person.If the intension is to adopt such a serious resolution about anissue in which Muslim scholars have major difference whether itis Halal or Haram, in my view, it is necessary that such aresolution should be adopted in a session that would be attendedby all the members <strong>of</strong> the <strong>Council</strong> or majority <strong>of</strong> them, and alsothis issue should be referred to scholars <strong>of</strong> the Muslim world whoare not the members <strong>of</strong> the <strong>Council</strong>, however, they have theiracademic weight, then in the light <strong>of</strong> their responses, such animportant issue should be decided to facilitate things for thepeople instead <strong>of</strong> making things more difficult for them,particularly when Muslim scholars have different views.Finally, I must state that if the insurance companies in theircontracts with the policyholders impose certain conditions whichare not approved by the <strong>Islamic</strong> Shari’ah or they fix prices <strong>of</strong>installments very high for the sake <strong>of</strong> excessive pr<strong>of</strong>it, then theconcerned authorities must intervene to enforce the appropriateprice in order to prevent exploitation. The various schools <strong>of</strong><strong>Islamic</strong> <strong>Fiqh</strong> have asserted the necessity <strong>of</strong> pricing and fightingagainst monopoly for the necessary needs <strong>of</strong> the people. Itsremedy is not to prohibit insurance. Therefore I would like toregister my dissent as well as my respect for your views.Dr. Mustafa Al-Zarqa57

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