Seadet-i Ebediyye - Endless Bliss Fifth Fascicle

a result of a fâsid agreement made in the Dâr-ul-islâm. Any
agreement made in the Dâr-ul-islâm is valid, and its consequent
tenets have to be carried out in a manner taught by Islam. The
agreement itself, however, is harâm because it is fâsid.. The
passage translated from Ibni ’Âbidîn ends here.
Muhammad Bahît-ul-Mutî’î (Hanafî Azharî) ‘rahmatullâhi
ta’âlâ ’alaih’, (d. 1354 A.H.), one of the greatest Islamic scholars of
the latest century, states as follows in the twenty-fourth (24) page
of his booklet entitled Sukertah: “An insurance contract is a fâsid
agreement. For, it is an agreement made dependent upon a
probable danger, which in its turn, is a kind of gambling.” Another
Islamic scholar, namely Ahmad Ibrâhîm Efendi, states in the third
issue of the year 1941 of his Majalla-t-ush-shubhân-ul-muslimîn:
“The life insurance is a form of gambling made dependent upon a
danger.” Versus these scholars, Dr. Siddîq Muhammad Amîn Daîr
argues as follows in the sixth issue of the year 1975 of Hedy-ulislâmî:
“Insurance is mutual aid. It provides the sharing of a danger
coming upon a person among many other people. The insurance
agency stands surety for this mutual aid. The person insured and
the insurance agent are secured about the money that is due to
them as well as that which they are to pay. Insurance is intended
for safety against danger. Gambling, by contrast, is to expose
oneself to danger. Insurance is a serious agreement. Gambling, on
the other hand, is a game. Yes, insurance in an ’aqd (agreement,
contract) that contains gharer, i.e. something with a probable and
doubtful result. Rasûlullah ‘sall-Allâhu ’alaihi wa sallam’ has
prohibited a sale with gharer. An example of this is to sell fish
uncaught. The gharer in insurance is gharer-i-fâhish. However,
agreements with gharer are permissible in cases of a general need
and in absence of any other way out. Imâm Suyûtî ‘rahmatullâhi
ta’âlâ ’alaih’ defines a situation of need as follows: It is a situation
that will develop into a suffering in case what is prohibited is not
utilized. Not utilizing what is prohibited will not necessarily cause
death.” That a person in danger or suffering a loss will need help
is an incontestable fact. Yet companies of legal aid that are
sustained with charitable gifts and donations and which do not
operate on profit are handy for this job. There is no need for
insurance companies, which have been established for profit and
earning. Companies of aid are managed by an elected group of the
subscribers and/or administered by the State.
Muhammad Amîn Darîr employs his personal logic to
contradict great scholars of Fiqh. The fact, however, is that he
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