Bohra spring wrote:For James
The second tier has come to battle..notice the change in tone...James the pawn has asked for James the cavalry..this is now really exciting..we should have a topic called the " battles of James and company "
You are incredibly childish.
Dear and Beloved Brother, the concept of ‘insurance’ per say in its essence is not prohibited in Islam; it is the ‘riba’ or interest element, which is the financial back-bone of modern day conventional insurance, is what has been declared haraam and absolutely prohibited in Islam.
The author is either dishonest or genuinely is not well versed in fiqh of Islam . In addition to usury , there is this small element of "chance" attached to insurance which is deemed haram in Islam . ( I say small because the author thought it was irrelevant to disclose that )
Rightly Guided Khalifahs
At the times of the Prophet Mohamed (saws) and the Rightly Guided Khalifahs, there was a system of ‘Bayt-ul-Maal’ or ‘central treasury’ of the Islamic State, which if needed, would play the role of being the insurers of its citizens….and when one amongst the citizens was burdened with a calamity or necessity which was beyond their means, the leader of the believers had the authority to relieve the person of his burdens and compensate the loss amount from the ‘bayt-ul-maal’.
This is a clear distortion of the term " Bayt ul Maal " . During the time of Prophet Mohammed SAW , people didn't pool funds and called it " Bayt ul Maal " and then paid one of them out of it in times of hardship, The Prophet SAW distributed funds according to his own will and intellect . If one of the people was burdened with calamity , He may have helped that person . But that is called " charity " or " Inayat " , whatever you have to call it . It is certainly not insurance like it is claimed .
Health insurance is a modern issue that had not been known before – not by this name, nor by anything remotely resembling it. It is problematic in that it resembles life insurance which is certainly unlawful. However, health insurance differs from life insurance in a number of important ways.
1. Life insurance is a contract built upon the unknown. It has uncertainty with respect to the amount that has to be paid as well as with respect to the duration of time. Health insurance differs in that it is a contract for a benefit that is present or has the legal status of being present. Therefore, the contract is free of the unknowns and uncertainties that are inherent in life insurance and that make the life insurance contract an invalid one.
The author of the article is clearly a moron and so is the one endorsing the article in a " battle " . Death is unknown yet illness is not ?
2. Life insurance is a contract of obligatory compensation, like a rental contract, and therefore must be free of unknowns, uncertainties, and the consumption of wealth without right. Health insurance, on the other hand, is a type of ongoing service contract. Such a contract accommodates a degree of unknown factors and uncertainty that is not tolerated in compensatory contracts.
Life insurance companies are obligated to pay and the Healthcare insurance companies are not ?
Health insurance can be understood within the framework of Islamic Law as being a service contract with a fixed commission – known in classical Islamic legal texts as a ji`âlah contract. The jurists have stated within this context that the following would be a valid, legal contract: “Whoever tends to the patient until he recovers from his injury, sickness, or conjunctivitis, then he will receive such-and-such stated monetary compensation.”
Ibn Taymiyah writes:
The evidence for this is that it is permissible for a doctor to set a fee for healing a patient, in the same way that the Companions of the Prophet (peace be upon him) took a number of sheep for the recovery of the district chief. They had treated him by way of ruqyah until he recovered and then took the pre-agreed remuneration. Then the Prophet (peace be upon him) concurred with them in what they did, saying: “Apportion for me with you a share.”
The compensation was set was for recovery and not for the reading of the ruqyah itself. If on the other hand, a doctor is given a mandatory fixed wage for achieving the recovery of the patient, it would not be allowed, since it is not within his power to cure the patient. Allah might cure him or He might not do so. [Majmû` al-Fatâwâ]
Ibn Taymiyyah ? Seriously ? If this is the same Ibn Taymiyyah I think it is , then you ( Bohra Spring ) are a " Biddati " ( Innovator ) according to him . After all you did visit the Prophet's grave .