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Apart from some of the Muslim cooperatives and associations in which the individual pays a certain sum
monthly as a donation without any right to take it back and with no condition that he will receive a pre-
determined amount in case of an unforeseen calamity, these conditions are not met. As far as insurance
companies— especially life insurance—are concerned, they do not satisfy these conditions in any respect
because:
1.
The insured individuals do not pay the premium as donations; such a thought never occurs to them.
2.
Insurance firms invest their monies in businesses which operate or lend their money on interest. All this is
haram and the Muslim is prohibited to participate in such activities; the strictest and most permissive
jurists alike all agree on this point.
3.
In the event that the insured survives the term of the contract, he gets back all the premiums he paid plus
some additional sum, which is nothing but interest.
Furthermore, insurance is contrary to the whole concept of cooperation among people. While the principle of
cooperation requires that the poor and needy be paid more than the rich, the rich, who can afford higher
premiums, get back much more in the event of death or an accident than the poor. (In the 6th (1972) edition
of the present volume, Dr. al-Qaradawi has cited three additional references about insurance published in
the ‘40’s and ‘50‘s. (Trans.))
A Modification
In my view insurance against hazards can be modified in a manner which would bring it closer to the Islâmic
principle by means of a contract of “donation with a condition of compensation.” The insured would donate
his payments to the company with the stipulation that the company would compensate him, in the event that
he is struck by calamity, with an amount which would assist him and reduce the burden of his loss. Such a
type of transaction is allowed in some Islâmic schools of jurisprudence. If such a modification is effected,
and if the company is free of usurious business, one may declare insurance against hazards to be a lawful
contract. However, as far as life insurance is concerned, I see it as being very remote from Islâmic business
transactions.
The Islâmic System of Insurance
Our observation that the modern form of insurance companies and their current practices are objectionable
Islâmically does not mean that Islâm is against the concept of insurance itself; not in the least—it only
opposes the means and methods. If other insurance practices are employed which do not conflict with
Islâmic forms of business transactions, Islâm will welcome them.
In any case, the Islâmic system has already insured the Muslims and others living under its governance in its
characteristic fashion, the characteristic which permeates all its teachings and legislation. This provision is
accomplished either through mutual help among individuals or through the government and its treasury, for
the treasury, known as the bait al-mar, is the universal insurance company for all who reside within the
Islâmic domain.
In the Islâmic Shari‘ah we find insurance for individuals against hazards and provision for assisting them to
overcome disasters which may befall them. Earlier we mentioned that a person who‘ is rendered destitute
due to a calamity is permitted to ask for financial help, particularly from the administrative authorities, until he
is fully compensated or is able to stand on his own feet again. (See the hadith from Qubaisah on pp. 127 of
this book in the section on “Work; and Earning a Livelihood.”)
We also find the concept of insurance for the heirs of a deceased person in the Prophet’s saying, I am
nearer to each Muslim than his very self. If he leaves behind some property it is for his heirs, and if he
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leaves behind a debt or a family with young children, he leaves them to me and they are my responsibility
(Compiled by al-Bukhâri and Muslim.), meaning that they are the responsibility of the Islâmic government.
The greatest form of insurance which Islâm has legislated for its followers among those deserving to receive
zakat funds relates to the category of gharimeen (those in debt). Some of the early interpreters of the word
gharim say, “It denotes one whose house has burned down or whose property otrade has been destroyed by
flood or other disasters.” Some jurists hold that such a person may be given, from the zakat fund, an
amount whicwould restore his previous financial position, even though the amount may reach thousands of
dollars.
The Use of Cultivable Land
If the Muslim owns a piece of cultivable land, he must make use of it by planting crops or trees. It is not
consonant with Islâm that such lands not be used for cultivation, as this is tantamount to rejecting the bounty
of Allâh and wasting wealth, which the Prophet (s.a.w.s.) prohibited.
In this regard a number of options are available to the land owner:
1. Cultivating the Land Himself
The first option available to the landowner is that he himself cultivate the land. This is commendable, and the
owner will be rewarded by Allâh for whatever men, beasts, and birds eat of the produce of his farm or
garden. As we mentioned earlier, the Ansar among the Companions of the Prophet (may Allâh be pleased
with them) were farmers.
2. Lending the Land to Others for Cultivation
If the land owner is unable to cultivate the land himself, he may lend it to another person who is able to
cultivate it by employing the latter’s own equipment, helpers, seeds, and animals. In such a case the land
owner is very desirable in Islâm. Abû Hurairah narrated that the Prophet (s.a.w.s.) said, “If anyone has land,
he should cultivate it or lend it to his brother.’‘ (Compiled by al-Bukhâri and Muslim)
Said Jabir, “In the time of the Prophet (s.a.w.s.) we used to do planting on a piece of land and in return
would get what remained in the ears after they were threshed. In this way, as the Prophet (s.a.w.s.) said, If
anyone has land, he should cultivate it or lend it to his brother for cultivation, or otherwise release it from his
ownership. (Reported by Ahmad and Muslim. “Lending it to his brother for cultivation” means without
receiving anything in return for it.) Some early scholars, going by the apparent meaning of this hadith, held
the opinion that cultivable land can be used in one of two ways: either the owner cultivates it himself or he
lends it to someone else for cultivation, with no return for himself In the latter case, the piece of land remains
the property of the owner but the produce belongs to the one who cultivates it.
In the opinion of Ibn ‘Abbas, the Prophet’s order to lend the cultivable land to others if one does not farm it
himself was not intended as command which must be obeyed but only as the recommendation of a laudable
act. Al-Bukhâri reported that ‘Amr bin Dinar said, “I said to Taous (one of the closest companions of Ibn
‘Abbas), ‘I wish you would leave off share-cropping since people claim that the Prophet (s.a.w.s.) prohibited
it.’ Taous replied, ‘The most knowledgeable among them (that is, Ibn ‘Abbas) informed me that the Prophet
(s.a.w.s.) did not prohibit it but said, “Lending it free to Your brother is better than asking a fixed sum from
him.’‘ (Compiled by al-Bukhâri.)
3. Taking a Proportion of the Crop
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