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Resolutions of The Islamic Fiqh Council During Its First Session Held Between 10 -17 Sha’ban 1398H

 

The First Resolution
on Freemasonry and Affiliation with It

All Praise be to Almighty Allah.
Blessing and peace be on His Prophet Muhammad
after whom there is no prophet, and on all those
who followed his way of guidance.

The Islamic Fiqh Council during its 1st session held in Makkah Mukarramah, Saudi Arabia between 10-17 Sha’ban 1398H discussed the Freemasonry and those who associate with it. It also discussed the ruling of Islamic Shari’ah concerning it.

The members of the Council made a detailed study about this dangerous organization and its literature written by its own members and leading personalities as well as other old and new publications about it, and arrived at the following conclusions:

1. Freemasonry is a secret organization, concealing or revealing itself, according to the circumstances of time and place. However, its real principles are based on secrecy in all circumstances. They are not known even to its members except those who have reached its higher ranks after passing through various experiences.

2. It builds the relationship of its members in all parts of the world on superficial basis in order to dupe the simple-minded people. It pretends to establish a human fraternity among those who join it, without differentiation between various ideologies, creeds or religions.

3. It attracts the important people to its organization and lures them through the temptation of personal benefits, on the basis that each member of the organization is supposed to help the other member anywhere in the world with his needs and problems and supports him to achieve his aims if he has any political ambition. This is the greatest temptation through which, they attract the influencial people in the society. It also receives financial contributions from them.

4. Affiliation to this organization is based on ceremonial entry of the new member under certain norms by which a new member is threatened in case he violates the instructions or orders issued to him through the senior ranks.

5. The simple-minded members are left free to practise their own religious rites, while the organization benefits from them to the extent of their utility, keeping them in lower ranks. On the other hand, apostates or those show readiness for apostasy are promoted gradually to the higher ranks in the light of the member's experiences and frequent tests that show their ability to serve its dangerous plans and principles.

6. It has certain political aims and has been involved overtly or covertly in some major military coups and political changes in the world.

7. In its origin and essence, this organization has Jewish roots and it is controlled secretly by a higher worldwide Jewish management. In its activities, it has a Zionist outlook.

8. In its real aims, it is against all religions. It undermines them in general and aims at tarnishing the religion of Islam in particular in the eyes of its followers.

9. It is always keen to select its members from the people who enjoy the outstanding academic, social, political, financial or any other status, so that it can effectively exploit their influence in their respective societies. That is why it is so keen to attract persons such as kings, presidents, ministers and senior government officials.

10. It has many branches that take different names in order to deceive and direct the people's attention away from it. This way, it can carry out its activities under different names if it is met with resistance to the name of Freemasonry in certain environment. The branches which work under different names are most prominently known as Lions, Rotary and other outfits which harbour the sinister aims and activities that are totally against the foundations of Islam.

It has become very clear to the Islamic Fiqh Council that there is a strong relationship between Freemasonry and International Zionist Movement. That is why it was able to control the activities of many officials in the Arab and non-Arab countries, especially with regard to the issue of Palestine, obstructing their crucial roles for this great cause in the favour of Jews and International Zionist Movement.

For this and other detailed information about the sinister aims and activities of Freemasonry, the Islamic Fiqh Council decides that Freemasonry is one of the most dangerous organizations which aim at the destruction of Islam and Muslims, and that whoever associates with it, knowing its reality and objectives is an unbeliever.

However, Dr. Mustafa Al-Zarqa, member of the Council is of the opinion that we add the sentence (believing in its permissibility) between the phrase (knowing its reality and objectives) and (is an unbeliever) so that the wording is harmonious with the Shari'ah ruling to differentiate between one who commits a major sin believing that his act is permissible and one who commits such a sin without believing it to be permissible, hence the former is an unbeliever (Kafir) and the latter is a disobedient (Fasiq).

Chairman
Abdullah Ibn Humaid
President, Supreme Judicial Council
Saudi Arabia

Deputy Chairman
Muhammad Ali Al-Harakan,
Secretary-General, Muslim World League

Members:
Abdul Aziz Ibn Abdullah Ibn Baz
General President, Research, Ifta, Da’wah and Guidance

Muhammad Mahmood Al-Sawwaf
Saleh Ibn Othaimeen
Muhammad Ibn Abdullah Al-Subaiel
Muhammad Rasheed Qabbani
Mustafa Al-Zarqa
Muhammad Rasheedi
Abdul Quddoos Al-Nadvi
Abu Bakr Joomi

The Second Resolution
on Communism and Affiliation with It

All Praise be to Almighty Allah.
Blessing and peace be on His Prophet Muhammad
after whom there is no prophet, and on all those
who followed his way of guidance.

The Islamic Fiqh Council during its 1st session held in Makkah Mukarramah, Saudi Arabia between 10-17 Sha’ban 1398H looked into the issue of communism and socialism besides many other serious issues that came up for discussion. As the Muslim world has been facing the ramifications of intellectual onslaught at the individual, social and state levels, the peoples and nations of the world are exposed to new dangers, because the impact of this dangerous onslaught has not been realized much.

The Islamic Fiqh Council is of the view that many countries in the Muslim world are suffering from the ideological and intellectual vacuum, especially when these imported ideologies and alien thoughts are tailored in a way that help them penetrate into the Muslim societies and create imbalance in the thinking and behaviour of people in these societies. They destroy the human values and destabilize all the moral bases in the society.

It is apparent that the major world countries, despite the difference of their systems and attitudes tried their utmost to tear apart the fabric of every Muslim country due to their enmity towards Islam and their fear of Muslims’ awakening. Hence, these anti-Muslim countries concentrated on two main things; creeds and ethics.
In the area of creeds, they encouraged everyone who embraced communism, which in principle is called by many as socialism, providing them with all means of help such as electronic and print media, propaganda machinery and hired writers. They described the communist ideology as freedom, advancement, democracy and the like. They also described any thing that is contrary to the communist ideology such as preservation of high traditional values including the Islamic teachings as reactionary, backwardness, opportunism, etc.

In the area of ethics, they called for permissive culture that allows the free mixing between males and females and described it as freedom and advancement because they knew well that whenever they were able to eliminate the religion and its ethical values, they would be successful in having their intellectual, material and political control. If this happens, they will have full control over all means of reform and change, and do whatever they want.

This naturally resulted in an intellectual, ideological and political conflict in which they helped their supporters with money, arms and propaganda machinery to strengthen them in the society to take over power. After that don’t ask what would happen there. Any thing such as killing, eviction, suppression of freedom and imprisonment of religious and righteous persons may take place.

That is why when the communist onslaught raged the Muslim countries they did not consolidate themselves with their religious and ethical values in the face of this onslaught. The Islamic Fiqh Council within the framework of its religious and academic authority had to warn about the danger of this intellectual, ideological and political onslaught which was being raged through media and military means.

The Islamic Fiqh Council during its session held in Makkah Mukarramah issued the following resolution:
The Islamic Fiqh Council draws the attention of the Muslims all over the world that communism is totally against Islam, and embracing the communist ideology means the rejection of Allah’s religion which He has chosen for His servants, because communism aims at destroying the Islamic ideals and ethical values while Islam which is the final of the heavenly messages was sent to bring the people out of darkness and provide them a comprehensive way of life, which covers all the social, cultural, economic and political aspects, and Islam will remain a basis to get rid of all evils that divide Muslims and destroys their unity..

That is why the religion of Islam has been the main target of the dangerous onslaught of communism and socialism in order to undermine its teachings and values. The Islamic Fiqh Council recommends to the Muslim countries and communities to be alert and prepared to encounter the menace of this ideological onslaught and resist it with all the following means:

a) To review as soon as possible all the educational curricula and programmes which are applied now, in order to get rid of all the atheist and communist ideas being spread in Muslim countries by some so-called Muslims who include teachers, authors and others.

b) To review as soon as possible all the vital government agencies especially those related to media, economy, internal and external trade as well as the local administration in order to clean and restructure them on the real Islamic foundations.

c) To urge the Muslim countries and communities to work for the establishment of specialized educational institutions that prepare the dedicated Da'wah workers who can confront this onslaught through various means. It is expected that with the abundance of such educational institutions and Da'wah workers, this menace can be confronted in a planned and organized way.

The Islamic Fiqh Council calls upon the Muslim scholars as well as the Muslim organizations all over the world to confront these atheist ideas that aim at undermining their religion and its Shari'ah, and expose the reality of communism and socialism that pose a real threat to Islam.

Chairman
Abdullah Ibn Humaid
President, Supreme Judicial Council
Saudi Arabia

Deputy Chairman
Muhammad Ali Al-Harakan
Secretary-General, Muslim World League

Members:
Abdul Aziz Ibn Abdullah Ibn Baz
General President, Research, Ifta, Da’wah and Guidance

Muhammad Mahmood Al-Sawwaf
Saleh Ibn Othaimeen
Muhammad Ibn Abdullah Al-Subaiel
Muhammad Rasheed Qabbani
Mustafa Al-Zarqa
Muhammad Rasheedi
Abdul Quddoos Al-Nadvi
Abu Bakr Joomi

 

The Third Resolution
on Qadiani Sect and Associating with It

All Praise be to Almighty Allah.
Blessing and peace be on His Prophet Muhammad
after whom there is no prophet, and on all those
who followed his way of guidance.

The Islamic Fiqh Council during its 1st session held in Makkah Mukarramah, Saudi Arabia between 10-17 Sha’ban 1398H examined the issue of the Qadiani sect. This sect which is also called as Ahmadiyya, came into being in the 19th century C.E. in India.

The Council studied the ideology of this sect, which was founded by Mirza Ghulam Ahmad Qadiani in 1876. He claimed prophethood and that he received the divine revelation. He also claimed to be the Promised Messiah, saying that prophethood did not end with Prophet Muhammad (peace be upon him), while according to the Qur'an and the Sunnah, it is the faith of Muslims that he was the last of all the prophets.

He pretended that more than ten thousand verses were sent down and revealed to him and whoever disapproved of him is an infidel. He also pretended that Muslims must perform pilgrimage to Qadian, because it is a sacred city like Makkah and Madinah, and that it is the place which is mentioned in the Qur’an as Al-Masjid Al-Aqsa. All these things are mentioned in his books ‘Braheen-e-Ahmadiyya’ and ‘Tableegh Risaalat’.

The Council also reviewed sayings and statements of Mirza Basheeruddin, who was son of Miza Ghulam Ahmad Qadiani and his successor. He said in his book ‘Aeena-e-Sadaaqat’ that every Muslim, who did not perform Bai’ah (pledge of allegiance) with the Promised Messiah (Mirza Ghulam Ahmad Qadiani) whether he heard his name or not, is an infidel and becomes out of the Islamic fold. (Aeena-e-Sadaaqat, p.35)

In the Qadiani newspaper, Al-Fadhl, he quoted his father as saying: “We are opposed to Muslims in everything: God, the Prophet, the Qur’an, prayer, fasting, pilgrimage, Zakah. In all of these things, we have basic differences with them.” (Al-Fadhl Newspaper, 30 July 1931)

The same newspaper (Vol. 3) claimed that Mirza is the Prophet Muhammad as mentioned in the Qur’an and quoted Prophet Jesus as saying: “…I am the messenger of Allah (sent) to you, confirming the law (which came) before me and giving glad tidings of a messenger to come after me, whose name shall be Ahmad…” (Qur’an, 61:6) (from Inzaar Al-Khilafah p21)

The Council also reviewed what Muslim scholars and authors have written about this sect and made it clear that Ahmadiyya Qadiani sect is totally out of Islam, and on this basis, the provincial legislator assembly of Pakistan’s North-West Frontier Province adopted a resolution unanimously in 1974, considering the Qadiani sect, a non-Muslim minority among the citizens of Pakistan. The National Assembly of Pakistan also adopted a unanimous resolution to consider the Qadiani sect a non-Muslim minority in Pakistan.

In addition to the creed of this sect, it was established by writings of Mirza Ghulam Ahmad as well as his letters, which he addressed to the colonial British government in India in order to seek its support and sympathy that he declared the prohibition of Jihad. He rejected the concept of Jihad to divert the attention of Muslims and persuade them to be faithful to the British government in India because the concept of Jihad that was rejected by some ignorant Muslims prevented them from being faithful to the British.. In this regard, he said in his book ‘Testimony of The Qur’an’ (7th Edition, P.17): “I believe that with the growing number of my followers, the number of those who believe in Jihad will decrease because a belief that I am Messiah or Mahdi, necessitates the rejection of Jihad."

After having deliberations on these references and many other documents that exposed the creed of Qadianis as well as their aims and objectives that undermine the Islamic faith and divert Muslims from their faith, the Islamic Fiqh Council unanimously decided that the Qadiani (Ahmadiyya) creed is totally out of Islam and its followers are infidels. Their pretension of being Muslims is merely for a deception and misguidance.

The Islamic Fiqh Council makes it clear that Muslims as government officials, scholars, Da’wah workers, intellectuals and writers must confront this misguided sect and its followers in each and every part of the world.

Chairman
Abdullah Ibn Humaid
President, Supreme Judicial Council
Saudi Arabia

Deputy Chairman
Muhammad Ali Al-Harakan
Secretary-General, Muslim World League

Members:
Abdul Aziz Ibn Abdullah Ibn Baz
General President, Research, Ifta, Da’wah and Guidance

Muhammad Mahmood Al-Sawwaf
Saleh Ibn Othaimeen
Muhammad Ibn Abdullah Al-Subaiel
Muhammad Rasheed Qabbani
Mustafa Al-Zarqa
Muhammad Rasheedi
Abdul Quddoos Al-Nadvi
Abu Bakr Joomi

 

The Fourth Resolution
On Bahai Sect and Associating with It

All Praise be to Almighty Allah.
Blessing and peace be on His Prophet Muhammad
after whom there is no prophet, and on all those
who followed his way of guidance.

The Islamic Fiqh Council during its 1st session held in Makkah Mukarramah, Saudi Arabia between 10-17 Sha’ban 1398H examined the issue of the Bahai sect, which appeared in Iran in the second half of the 19th century and has a number of followers who are scattered today in many Muslim and non-Muslim countries.

The Council studied the writings of many scholars, authors and those who are well acquainted with the reality of this sect as well as its emergence, mission, literature, life of its founder Mirza Hussein Ali Mazindrani (born on 20 Muharram 1233H / 12 November 1817) and behaviour of his followers. It also studied the life of his son and successor Abbas Afandi who was also called Abdul Baha as well as the religious formations that regulate the works and activities of this sect.

After having adequate information about many authentic sources and some books of the Bahais themselves, as well as thorough discussions on them, the Council had a clear view about the sect as the following:

Bahaism is a new artificial religion based on Babism, which is a new artificial religion invented by Ali Muhammad (born in Muharram 1235H / October 1819 in the city of Shiraz. In the beginning, he adopted a philosophical mystic approach on the pattern of Sheikhism invented by his misguided mentor Kazim Al-Rishti, successor of Ahmad Zainuddin Al-Ahsaie, leader of Sheikhism, who pretended that his body is made of light like that of an angel. He also adopted other false superstitions.

In the beginning, Ali Muhammad followed his mentor’s way, then, he left him, and after some time, he came up before the people with a new appearance, claiming that he is Ali Ibn Abi Talib about which Prophet Muhammad (peace be upon him) has been reported as saying: “I am the city of knowledge and Ali is its gate (Bab).” Hence, he called himself Bab (gate). Then, he claimed that he is ‘Bab’ of the awaited Mahdi. Later, he pretended that he himself is the Mahdi and in his last days, he claimed to have divinity and called himself ‘the Supreme’.

Being a contemporary of Bab, Mirza Hussein Ali Al-Mazindarani, also called Baha followed his call. When Bab was tried and condemned to death due to his infidelity and sedition, Mirza Hussein Ali claimed that he was nominated by Bab to lead the Babis. This way, he became their head and named himself as Bahauddin.

Then, he moved further and proclaimed that all the religions came as preparatory to his appearance and that all the religions were incomplete and his religion came to accomplish them. He also proclaimed that he had characteristics of God and that he acquired God’s Great Name. He also claimed that the word ‘Lord of world’ is meant for him and that as Islam superseded the previous religions, Bahaism superseded Islam.

Bab and his followers interpreted the Qur’anic verses in extremely strange manner in order to make them suit their mischievous call and to imply that he has power to change the laws of the divine religions. He also presented certain rituals which are practised by his followers.

It became clear to the Islamic Fiqh Council through testimony of the textual proofs on the Bahais’ creeds, which are contradictory to the teachings and principles of Islam that Bahaism is based on the human idolatry due to Baha’s claim of divinity and of having power to change the Islamic Shari’ah, hence, the Council unanimously decided that Bahaism and Babism are out of Islam and these are considered as contrary and hostile to Islam, and their followers are openly and unequivocally Kafirs (infidels).

The Council cautioned Muslims all over the world against this infidel and misguided sect and called upon them to encounter it and remain cautious against it especially as it is proved that this sect has support of the colonial powers to undermine Islam and Muslims.

Chairman
Abdullah Ibn Humaid
President, Supreme Judicial Council
Saudi Arabia

Deputy Chairman
Muhammad Ali Al-Harakan
Secretary-General, Muslim World League

Members:
Abdul Aziz Ibn Abdullah Ibn Baz
General President, Research, Ifta, Da’wah and Guidance

Muhammad Mahmood Al-Sawwaf
Saleh Ibn Othaimeen
Muhammad Ibn Abdullah Al-Subaiel
Muhammad Rasheed Qabbani
Mustafa Al-Zarqa
Muhammad Rasheedi
Abdul Quddoos Al-Nadvi
Abu Bakr Joomi

 

The Fifth Resolution
on Insurance with Its Various
Kinds and Forms

All Praise be to Almighty Allah.
Blessing and peace be on His Prophet Muhammad
after whom there is no prophet, and on all those
who followed his way of guidance.

The Islamic Fiqh Council during its 1st session held in Makkah Mukarramah, Saudi Arabia between 10-17 Sha’ban 1398H looked into the issue of insurance with its different kinds. It studied many Muslim scholars’ writings in this regard as well as the resolution adopted by the Senior Scholars’ Council in Saudi Arabia during its 10th session held in Riyadh on 4 Rabi Al-Aakhir 1398H on the prohibition of insurance with its various kinds.

After having detailed study and full deliberation on the issue, the Council decided with majority, the prohibition of insurance with all its kinds whether it be on life, business commodities or other kinds of finances.

The Council also decided unanimously its approval of the resolution adopted by the Senior Scholars Council in Saudi Arabia on permissibility of the co-operative insurance, instead of the prohibited commercial insurance, which was mentioned above.

The drafting of this resolution was assigned to a special committee.

 

Report of the Committee
Assigned to Draft the Resolution
of the Islamic Fiqh Council on Insurance

On the basis of resolution adopted by the Islamic Fiqh Council in its session held on Wednesday 14 Sha’ban 1398H to assign each of Sheikh Abdul Aziz Ibn Baz, Sheikh Muhammad Mahmood Al-Sawwaf and Sheikh Muhammad Ibn Abdullah Al-Subaiel to draft the resolution of the Council on insurance with its various kinds and forms.

The afore-said committee held its meeting and after deliberation, it adopted the following:

All Praise be to Almighty Allah.
Blessing and peace be on His Prophet Muhammad
after whom there is no prophet, and on all those
who followed his way of guidance.

The Islamic Fiqh Council during its 1st session held at the headquarters of the Muslim World League in Makkah Mukarramah, Saudi Arabia between 10-17 Sha’ban 1398H looked into the issue of insurance with its various kinds, after having been acquainted with many Muslim scholars’ writings in this regard and also, having been acquainted with the resolution No. 55 adopted by the Senior Scholars’ Council of Saudi Arabia during its 10th session held in Riyadh on 4 Rabi Al-Aakhir 1397H about the prohibition of the commercial insurance with its various kinds.

After the detailed study and full deliberation, the Council almost unanimously and with the exception of Sheikh Mustafa Al-Zarqa, decided to prohibit the commercial insurance with its various kinds, whether it is related to life, the commercial goods or some other kinds for the following reasons:

First: The commercial insurance contract is one of the contracts which are related to the possible financial compensation and which involve the great uncertainty, because the person seeking the insurance (insurance policyholder) cannot know about the time of contract, the amount of what he gives or takes. He may pay one or two instalments, then, a disaster may take place, so he would be entitled to what the insurer (insurance company) had committed.

The disaster may not take place at all, in that case, the insurance policyholder would pay all the instalments and he may not get any amount. Likewise, the insurance company cannot fix what he gives and takes regarding every contract separately. In one Hadith, Prophet Muhammad (peace be upon him) has been reported to forbid the sale of uncertainty.

Second: The commercial insurance contract is a kind of gambling, because there is uncertainty in such financial compensations such as loss for nothing that causes it and profit for nothing in exchange. The insurance policyholder may pay an instalment of insurance, then the accident takes place and the insurance company is faced with a loss by paying the full amount of insurance. The accident may not take place and in this case, the insurance company gets the benefit of insurance instalments for nothing to give in exchange.

If ignorance is involved, then it would become a gambling and come under the general prohibition of gambling, as Almighty Allah says: “O you who believe! Intoxicants, gambling, (dedication of) stones, and (divination by) arrows are an abomination of Satan’s handiwork. Eschew such (abomination), that you may prosper. Satan’s plan is (but) to excite enmity and hatred between you with intoxicants and gambling, and hinder you from the remembrance of Allah and prayer. Will you not then abstain?” (Qur’an, 5: 90)

Third: The commercial insurance contract includes Riba Al-Fadhl Wa Al-Nassa’ (usury based on unequal exchange and delayed payment). Hence, if the insurance company paid to the insurance policy holder, his inheritors or beneficiaries more than the amount that he paid to the insurance company, then it is Riba Al-Fadhl (usury of unequal exchange) and the insurance company makes that payment to the insurance policyholder after a period, then it is Riba Al-Nassa, and both the transactions are prohibited in the light of the textual provisions as well as the consensus of the Muslim scholars.

Fourth: The commercial insurance contract is a kind of the prohibited betting, because it has ignorance, uncertainty and gambling. That is why the Islamic Shari’ah has not permitted the betting except when the purpose is to support Islam. Prophet Muhammad (peace be upon him) has confined the permission of betting with a return to three things by saying: “There is no competition except in camel race, horse race and arrow contest.” Thus insurance does not come under this category and it has no similarity with it so it is prohibited.

Fifth: In the contemporary insurance contract, other’s money is taken for nothing to give in exchange, and to take such money in the contracts of commercial deals is prohibited because it comes under the general category of prohibition mentioned in the Qur’an: “O you who believe! Eat not up your property among yourselves in vanities; but let there be amongst you traffic and trade by mutual goodwill.” (Qur’an, 4:29)

Sixth: In the commercial insurance contract, there is an aspect of obligating what is not obligatory in the Islamic Shari’ah, as the insurance company does not create or cause the accident, it merely concludes a contract with the insurance policyholder on guarantee of any accident in anticipation of its happening in exchange for an amount which the policyholder pays to it, while the insurance company does no specific work for the policyholder, so it is prohibited.

Those who allow the commercial insurance in all or some of its forms have presented certain arguments. The answer to their arguments is the following:

a) The argument of reclamation is not valid, because interests in the Islamic Shari’ah are of three kinds; I) The kind which is approved by the Islamic Shari’ah is an evidence. II) The kind which the Islamic Shari’ah is silent about it and has neither approved nor disapproved, comes under the scope of Ijtehad. III) The kind which the Islamic Shari’ah has disapproved due to prevalence of its bad aspect over its good aspect.

b) The argument that everything is originally permissible is not valid here, because evidences against contracts of the commercial insurance are based on the Qur’an and Sunnah.

c) The argument that necessities validate the invalid, is not correct here because what Almighty Allah has allowed through permissible means of earning are many times more than what He has not allowed, so there is no necessity approved by the Islamic Shari’ah that can force the people to the insurance which Shari’ah has prohibited.

d) The argument of general practice (Urf) is also not valid here, because it is not among the evidences of legislation, however, it can be a basis for application of rules and for understanding the meaning of textual phrases and people’s expressions in their sayings and actions. Since evidences are clearly against the insurance, there should be no consideration for such argument.

e) The argument that contracts of the commercial insurance are the contracts of Mudharabah or in its meaning, is not valid, because the capital money in Mudharabah does not go out of its proprietor’s ownership while the insurance policyholder’s payment as per insurance contract goes out of his ownership to the ownership of the insurance company. In Mudharabah, the capital money is inherited by heirs of its owner in case of his death while in insurance the policyholder’s heirs are entitled to the insurance money as per rule even if the policyholder did not pay except one instalment. In Mudharabah, profit is between the two partners at a certain rate while in insurance, profit or loss of the capital money is for the insurance company, and the policyholder will get the insurance money.

f) The argument that contract of the commercial insurance is similar to clientage, is not valid, because it is a comparison with difference, and the difference here is that purpose of the insurance contract is the profit that involves uncertainty, gambling and ignorance, while the purpose of the clientage contract is the Islamic fraternity and cooperation in good and bad times. Whatever the material benefit is there, it is secondary.

g) The argument that contract of the commercial insurance is similar to the obligatory undertaking, is not valid, because it is a comparison with difference. The difference here is that undertaking of credit, loan or bearing of loss comes under a pure beneficence and its fulfilment is a duty or a moral obligation, while the insurance contract is a commercial deal whose motive is material benefit.

h) The argument that contract of the commercial insurance is similar to guarantee of the unknown and unnecessary is not correct, because it is too a comparison with difference. The difference here is that guarantee is a kind of donation, whose purpose is simply goodwill, while insurance contract is a contract of commercial deal whose first purpose is the material benefit, and if there is any goodwill, it is secondary.

i) The argument that contract of the commercial insurance is similar to the road-danger guarantee, is not valid, because it is a comparison with difference as well, like the previous one.

j) The argument that contract of the commercial insurance is similar to the retirement scheme, is not correct, because it is also a comparison with difference. In the retirement scheme, whatever is given as retirement pension is a right which the government has committed to its public and also it has taken into consideration the retired employee’s services to his nation. The government has provided the employee with a scheme, taking into consideration his interests and needs, so the retirement scheme does not come under the financial deals between the state and its employees. Hence, there is no similarity between the retirement scheme and insurance which comes under the contracts of the commercial transactions and whose purpose is the policyholders’ exploitation by the insurance companies through unlawful means, because what is given in the retirement scheme is a right which the government has committed to its public and which it pays to those who have served their nation in appreciation of their physical and mental contributions.

k) The argument that contract of the commercial insurance is similar to the system of blood-money payment (Aaqelah), is not correct, because it is a comparison with difference. The difference here is that killer’s family members commit the payment of blood-money due to their relationship which calls for support and cooperation without expecting anything in exchange, while contract of the commercial insurance is an exploitation based on purely financial transaction without having anything to do with sentiments of goodwill and charity.

l) The argument that contract of the commercial insurance is similar to the contract of guarding, is not correct, because it is also a comparison with difference. The difference here is that security is not a point of contracting in both cases. The point in the insurance is payment of instalments and insurance money while in guarding it is guard’s work and his wage. In fact, security is an objective and outcome otherwise the guard would not deserve his wage in case the guarded object is lost.

m) The argument that insurance is similar to deposit is not correct, because it is a comparison with difference, because the fee of deposit is in exchange for keeping something in custody, while in insurance, the policyholder’s payment is not for any work done by the insurance company so insurance is different from deposit.

n) The argument that insurance is similar to the deal of cloth merchants with weavers is not correct, because it is a comparison with difference. The difference here is that the cloth merchants’ deal is based purely on cooperation, while the insurance is a commercial transaction, so comparison is not valid.

The Islamic Fiqh Council also decided unanimously to approve the resolution No. 51 adopted by the Senior Scholars’ Council in Saudi Arabia on 4 Rabi Al-Aakhir 1397H on permissibility of the cooperative insurance instead of the prohibited commercial insurance for the following evidences:

First: The cooperative insurance comes under the contracts of donation with the purpose of cooperation to face the dangers and shoulder the responsibilities at the time of disasters and tragedies. Such cooperative insurance happens through contribution of individuals with cash amounts allocated to compensate those who are inflicted with damage and loss. The purpose of such cooperative insurance group is not to get any commercial profit from others’ money. Their intension is only to divide the risks among themselves and cooperate on bearing the damages.

Second: The cooperative insurance is free from both kinds of usury (usury of unequal exchange and usury of delayed payment). The contracts of shareholders in the cooperative insurance group should not be usury-based and they would not utilize the accumulated instalments in the usury-based deals.

Third: Ignorance of the shareholders in the cooperative insurance group would not harm them, because they are donors so there is no question of risk, uncertainty and gambling, while the commercial insurance is a contract of the commercial and financial transaction.

Fourth: A group of shareholders or their representatives can invest the accumulated instalments to achieve the purpose, for which this cooperative insurance has been created. The Islamic Fiqh Council is of the opinion that the cooperative insurance should be in the form of a cooperative insurance company in view of the following:

1- Adherence to the concept of Islamic economy, which would allow individuals to carry out the various economic projects. The state's role should be only as a complementary element to what individuals could be able to do and as a guide and monitor to ensure the success of these projects and their operations.

2- Adherence to the concept of cooperative insurance by which the shareholders would be independent in operation, management and execution of the entire project.

3- Training of people for the cooperative insurance through individual initiatives and personal incentives. No doubt, the participation of people in the management makes them more cautious and alert to avoid the risks which make them pay the necessary compensation, and subsequently lead to the success of cooperative insurance. If the risks were avoided successfully, the instalments would be less in future, and if the risks could not be avoided, the instalments may be more in the future.

4- The composite form of the company does not make the insurance as if it is merely a gift or grant from the state for its beneficiaries, it would also have its participation with them to support and protect them because they are the people of the real interest. It seems a more positive stand so that the shareholders may appreciate the state's role and at the same time would not abstain from their responsibility.

The Islamic Fiqh Council was of the opinion that the detailed provisions for working of the cooperative insurance should be prepared in view of the following bases:

1. The cooperative insurance company should have headquarters besides its branches in all cities. It should also have several departments according to the risks which would be covered, as well as the different categories and professions of the shareholders, for example, there should be a department for health insurance, another for old age and other disabilities, or there should be a department for insurance of the street vendors, another for merchants, third for students, fourth for professionals such as engineers, medical practitioners, lawyers, etc.

2. The cooperative insurance company should have greater flexibility and keep away from the complicated methods.

3. The company should have a supreme council to decide its policies and programmes as well as to propose the necessary rules and regulations in accordance with the rulings of the Islamic Shari'ah.

4. The members selected by the government would represent the government in the council and members selected by the shareholders would represent them in the council. This way the council would enjoy the government's consent and would be secure from malpractice and failure.

5. If the risks exceeded the company's resources, it may require more instalments. In that case, the state and shareholders would bear this increase.

The Islamic Fiqh Council supports the suggestion of the Senior Scholars Council in its resolution that a penal of experts should prepare the detailed provisions of this cooperative insurance company.

Chairman
Abdullah Ibn Humaid
President, Supreme Judicial Council
Saudi Arabia
Deputy Chairman
Muhammad Ali Al-Harakan
Secretary-General, Muslim World League

Members:
Abdul Aziz Ibn Abdullah Ibn Baz
General President, Research, Ifta, Da’wah and Guidance

Muhammad Mahmood Al-Sawwaf
Saleh Ibn Othaimeen
Muhammad Ibn Abdullah Al-Subaiel
Muhammad Rasheed Qabbani
Muhammad Rasheedi
Abdul Quddoos Al-Nadvi
Abu Bakr Joomi

 

 Dissent of Dr. Mustafa Al-Zarqa

My dear brothers, members of the Islamic Fiqh Council

I differ with you over your stand to consider the insurance which you have called as commercial insurance with its different kinds and forms as prohibited.

It is my view that insurance as an organized cooperative means to make up the damages incurred by owners of the capital money due to risks which they are exposed to, is lawful with all its three forms; insurance on commodities, insurance of liability (third party insurance) and the insurance which is mistakenly called life insurance.

My arguments are based on the Qur'an, Sunnah, the rulings of Islamic Shari'ah, its general objectives, its examples in Fiqh through proper inference. There is a notion that insurance comes under gambling or betting which are prohibited. On the other hand, there is suspicion that insurance is usury. All of this is fully explained in my book published with the title (Insurance Contract and Stand of Islamic Shari'ah). You are aware of it while people in the world need it to be explained to them.

I have also explained in this session that differentiation between the cooperative and commercial insurance has no basis, because every insurance is based on the concept of cooperation and its purpose is to make up the damages and distribute them among the maximum possible number; among the people who are combined by a small profession or market, and are exposed to certain risks. They contribute to form a joint fund until one of them is faced with danger and damage they compensate him from the fund in which he is also a contributor. Such kind of fund which is termed as joint fund and which you have called as cooperative whose administration need neither full-time employees nor expenses of administration, organization, accounting, etc.

If desires for such insurance grow more and more people join it in tens, hundreds and thousands, then it takes up a large number of diversified risks and there would be a need for full-time management, organization and huge expenses such as wages, employees, other mechanized and non-mechanized resources. In that case, it would be inevitable that the full-time employees will have to live on the account of this large administration, as lives any trader, industrialist, professional or employee at the cost of his work.

Hence, it would be inevitable to differentiate between the installments collected from the insurance policyholders and between the payments of expenses and compensations for damages so that the full-time management can benefit from that difference and live on it as a trader lives on the benefit of difference in prices of purchase and sale.

To get this benefit, the insurance which you have called as commercial must be based on proper calculation to fix the installment that the policyholder would pay for various kinds of danger. This is the real difference between the two kinds. As regards the cooperative aspect, so there is no difference at all.

I would like to add also that the first session of this auspicious Council, which was attended by half of its members only while others could not attend the session due to their circumstance, should not adopt a resolution to prohibit something like insurance which is one of most important and serious issues today, because one way or other, people’s interests throughout the world are involved in it. All the countries are imposing it as a compulsory measure in cases such as third party car insurance in order to protect the life of victims in the car accidents if the car’s owner or driver happens to be a poor person.

If the intension is to adopt such a serious resolution about an issue in which Muslim scholars have major difference whether it is Halal or Haram, in my view, it is necessary that such a resolution should be adopted in a session that would be attended by all the members of the Council or majority of them, and also this issue should be referred to scholars of the Muslim world who are not the members of the Council, however, they have their academic weight, then in the light of their responses, such an important issue should be decided to facilitate things for the people instead of making things more difficult for them, particularly when Muslim scholars have different views.

Finally, I must state that if the insurance companies in their contracts with the policyholders impose certain conditions which are not approved by the Islamic Shari’ah or they fix prices of installments very high for the sake of excessive profit, then the concerned authorities must intervene to enforce the appropriate price in order to prevent exploitation. The various schools of Islamic Fiqh have asserted the necessity of pricing and fighting against monopoly for the necessary needs of the people. Its remedy is not to prohibit insurance. Therefore I would like to register my dissent as well as my respect for your views.

Dr. Mustafa Al-Zarqa

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