Islamic Perspectives

Govt employees can derive benefits of medical insurance: Ulama

The twelfth Juristic conference held in Bandipura (Kashmir)’s Darul Uloom Rahimia, sponsored by Jamiatul Ulama’s Institution of Juristic Discussions was attended by the country’s important Ulama and (Islamic) jurists in which it was jointly agreed by them that (Muslim) government employees can derive benefits of government’s compulsory medical and other insurance schemes and many other schemes for medical facilities, medical packages of hospitals for treatment of different diseases etc, medical assistance cards issued by government for poor people. With this decision of the Ulama and (Islamic) jurists, the way has now been cleared for government employees and other ordinary Muslims to derive benefits of these and other government schemes because in the absence of any such clear stand and guidance by the Ulama and jurists many of these employees and people did not know whether they should take advantage, or not, of medical insurance and medical and other facilities and government schemes. In this conference decisions on two subjects were taken by the Ulama and Jurists i.e. (1) different types of medical insurance and schemes and (2) different types of joint business by father and son. About 700 Ulama, Muftis and Jurists from all over the country had taken part in this discussion or conference which was held over three days in the first week of May.

The text of the resolution passed in this 3-day conference in which six sessions chaired by different ulama from different places were held is as follows: Proposals regarding Medical insurance and some of its forms: (1) Medical Insurance is an agreement or contract between policy holder and insurer in which that institution or the insurer can exact total amount or a fixed amount in different instalments from the policy holder and takes the responsibility of his full or partial medical treatment or its expenses within a limited period. And if within this limited period the policy holder does not fall sick, the amount collected for treatment will not be refunded (to the policy holder). Medical insurance of various kinds like other insurances prevalent these days come under the category of gambling, and hence are illegal and not permissible. (2) Since, during the discussions some such proposals or views were expressed by some participants according to which medical insurance instead of being included under the category of gambling, was favoured as being useful for the insurance policy holder, this conference considers that in view of such difference of opinion about insurance prevalent today, a committee of ulama and experts should be constituted by the Institution of Juristic Discussions (Idaratul Mubahis Al-Faqhiya) which, after studying and analysing different kinds of rules and regulations of insurance companies, should submit its own researched report. Thereafter, if necessary, this problem can be reconsidered. (3) It was agreed that in case of legal compulsions when there is no way out, medical insurance is permissible.

This article appeared in The Milli Gazette print issue of 1-15 June 2016 on page no. 20

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