Question #: 1740
October 02, 2016
Answer #: 1740
Your few questions are very clear while few are vague and not clear. Kindly explain your unclear questions in detail and resend those.
1. Is there exist any Mortgage in Canada which is permissible/ “Jaiz”(Shariah Compliant)?
2. Is Health insurance permissible in Islam? What are the rulings for health insurance?
الجواب حامدا ومصلیا
1. Before answering the asked question in particular, explanation of Mortgage is very important so that context of asked question gets cleared.
Mortgage literally means “RehenRakhna” (A legal agreement that conveys the conditional right of ownership on an asset or property by its owner (the mortgagor) to a lender (the mortgagee) as security for a loan).
In present day banking terms, a legal agreement by which a bank, building society, etc. lends money at interest in exchange for taking title of the debtor's property, with the condition that the conveyance of title becomes void upon the payment of the debt.
Secondly, it is important to understand that Riba deal is strictly Forbidden according to Quran and Hadith and this ruling is applicable both in Muslim and non-Muslim countries. That’s why, according to most renowned Islamic scholars involvement in any deal which has Riba, even with non-Muslims is forbidden and not permissible. So, while residing in non-Muslim states/ countries one must totally avoid doing any kind of deal with Banks involving Riba.
Having considered the fundamental context, let us now come to answer of your your asked question. It is not permissible to obtain a house through Mortgage (a deal agreement involving debt and Riba) because in reality it is a process of debt involving Riba and taking or giving Riba (any type and anywhere) is strictly forbidden in Islam (as discussed earlier).
However, solution for such people (who have to buy house in any case) is that they purchase the house through some islamic banking system based on paradoxical 'Musharakah' working under the supervision of authentic Ulema (Islamic scholars).
2. Prevailing working system of Insurance companies is based on Riba and gambling and is forbidden. Therefore, it is mandatory for oneself to strictly avoid Insurance. However, Ulema (Islamic scholars) have introduced alternate system of Insurance which is called “Takaful” for the benefit of public. Nowadays, number of Shariah compliant Takaful companies are working under the supervision of “MustanadUlema (Islamic scholar)” and using their products and doing deals through them is permissible.
فی فقه البیوع: 2/770)
الربافی دارالحرب
جمهور الفقهاء علی أن دار الاسلام و دار الحرب سواء فی حرمة الربا. ولایجوز لمسلم أن یرابی کافرا حربیا کما لايجوز له أن یرابی مسلما. وهو قول مالك والشافعی وأحمد وأبی یوسف رحمهم الله.... ثم إن الشیخ اشرف علی التهانوی رحمه الله راجع المسئلة فی رسالة أخری، ورجح مذهب الجمهور علی أساس قوۃ الدلیل، وذهب إلی أن مذهب الجمهور هو الراجح والمتعین للإفتاء فی زماننا.
واللہ اعلم بالصواب
احقرمحمد ابوبکر صدیق غفراللہ لہ
دارالافتاء ،معہد الفقیر الاسلامی، جھنگ
۲۸؍محرم الحرام؍۱۴۳۷ھ
۳۰؍اکتوبر ؍۲۰۱۶ء