With the Hadith
Insurance
We greet you all, dear listeners, everywhere, in a new episode of your program "With the Hadith." We begin with the best greeting: Peace, mercy, and blessings of God be upon you.
Narrated Jabir: "The Messenger of God, may God bless him and grant him peace, would not pray over a man who died and owed a debt. So a dead man was brought, and he said: Does he owe a debt? They said: Yes, two dinars. He said: Pray over your companion. Abu Qatada al-Ansari said: They are on me, O Messenger of God. He said: So the Messenger of God, may God bless him and grant him peace, prayed over him. When God opened up to the Messenger of God, may God bless him and grant him peace, he said: I am closer to every believer than himself. Whoever leaves a debt, its repayment is my responsibility, and whoever leaves wealth, it is for his heirs." Narrated by Abu Dawood
The author of Awn al-Ma'boud said: {The judge, may God have mercy on him, and others said: The Prophet's, peace and blessings be upon him, refusal to pray over the debtor who did not claim fulfillment is either to warn against debt and deter from procrastination and negligence in performance, or to avoid stopping his supplication because of what he owes of people's rights and grievances, end quote.
(I am closer to every believer... etc.) in everything, because I am the greatest caliph, the provider for every being, so my judgment over them is more effective than their judgment over themselves, and he said that when the verse was revealed.
(Its repayment is my responsibility) from what God bestows of booty and charity, and this abrogates his abandonment of prayer for whoever dies and owes a debt}.
Dear listeners:
The guarantee is the addition of a liability to a liability, and it is a guarantee of a right established in the liability. It includes a guarantor, a guaranteed party, and a beneficiary. It is clear that it is without compensation, and in it, the guaranteed party is unknown and the beneficiary is unknown. This evidence is what Abu Dawood narrated from Jabir: {The Messenger of God, may God bless him and grant him peace, would not pray over a man who died owing a debt. So a dead man was brought, and he asked: Does he owe a debt? They said: Yes, two dinars. He said: Pray over your companion. Abu Qatada said: They are on me, O Messenger of God. So the Messenger of God, may God bless him and grant him peace, prayed over him. When God opened up to His Messenger, may God bless him and grant him peace, he said: I am closer to every believer than himself. Whoever leaves a debt, its repayment is my responsibility, and whoever leaves wealth, it is for his heirs}. This hadith clearly shows that Abu Qatada added his liability to the liability of the deceased in committing to a financial right that was due to the creditor. It is also clear that in the guarantee there is a guarantor, a guaranteed party, and a beneficiary, and that - that is, the guarantee that each of them guaranteed - is a commitment to a right in the liability without compensation.
It is also clear that the guaranteed party, who is the deceased, and the beneficiary, who is the owner of the debt, were unknown at the time of the guarantee. So the hadith includes the conditions for the validity of the guarantee, and the conditions for its conclusion.
This is the guarantee in Sharia. By applying the insurance commitment to it - which is definitely a guarantee - we find that insurance is devoid of all the conditions stipulated by Sharia for the validity and conclusion of the guarantee. Insurance does not include the addition of a liability to a liability at all. The insurance company did not add its liability to the liability of anyone in committing to money for the insured, so there was no guarantee, and the insurance was void. Insurance does not include any financial right for the insured with anyone that the insurance company has committed to, as the insured does not have any financial right with anyone that the company came and guaranteed, so it is devoid of the existence of the financial right, so the company has not committed to any financial right until it can be said that it is a guarantee in Sharia. Also, what the company has committed to in terms of compensation, price, or payment of money was not due to the beneficiary at the time of the insurance contract towards others, neither now nor in the future, so that it is valid to guarantee it. The insurance company has guaranteed what is not due now and will not be due in the future, so the guarantee is not valid, and therefore the insurance is void. In addition, insurance does not include a guaranteed party because the insurance company has not guaranteed for anyone who is entitled to a right, so that it can be called a guarantee, so the insurance contract is devoid of an essential element of the guarantee required by Sharia, which is the existence of a guaranteed party, because there must be a guarantor, a guaranteed party, and a beneficiary in the guarantee. Since the insurance contract does not include a guaranteed party, it is void according to Sharia. Also, when the insurance company committed to compensating for the item or paying its price if it is damaged or paying money when the accident occurs, it committed to this payment in exchange for an amount of money, so it is a commitment with compensation, and this is not valid because a condition for the validity of the guarantee is that it be without compensation. So the insurance, with the existence of compensation in it, was an invalid guarantee.
Thus, the extent to which the insurance commitment is devoid of the conditions of the guarantee stipulated by Sharia, and its failure to meet the conditions for the conclusion of the guarantee and the conditions for its validity, becomes apparent. Thus, the document of commitment that the company gave and guaranteed the compensation and the price, or guaranteed the money, is void from its foundation, so all insurance is void according to Sharia.
Accordingly, all insurance is forbidden in Sharia, whether it is life insurance, merchandise insurance, property insurance, or otherwise. The reason for its prohibition is that its contract is a contract that is void according to Sharia. And that the commitment that the insurance company gives according to the contract is a commitment that is void according to Sharia. So taking money according to this contract and this commitment is forbidden, and it is eating money unjustly, and it falls under the category of illicit gain.
Dear listeners, until we meet you with another prophetic hadith, we leave you in God's care, and peace, mercy, and blessings of God be upon you.