Assalamu Alaikum
Respected Mufti Saheb, would you do me a favour concerning the following questions:
Q.1. Would you explain in detail about the permissibility and impermissibility of Medical Aid?
Q.2. Is it permissible to pay taxes with interest money?
Ma’assalamah,
Basheer, Rustenburg
باسمہ تعالیٰ
حامدا ومصلیا:
Wa Alaikumussalam
Dear Brother in Islam,
The answers to your questions are as follows:
A.1. All conventional Medical Aid consist the elements of interest and gambling. A person for instance, takes the membership of a Medical Aid Company and pays a certain monthly amount intending to get financial aid in the event of sudden medical emergency. In the case of an emergency the company pays to him more than what he has paid. The money he pays to the company, as per the Islamic Shariah Principle, would be termed either as Amanah or Qardh. Islamic Shariah forbids to make an agreement to receive more than the actual amount or to receive excess in return. Since it falls into the definition of Rib—interest which is strictly prohibited in Islam. On the other hand, the person lives in the situation of win or lose. If he faces the emergency condition, he will get more than that he has paid. But if he never comes across such emergency then he will lose all his money. This kind of transaction is called gabling in Islamic Shariah. Therefore, Ulama say that all conventional Medical Aid are impermissible.
A.2. The interest and other Haraam wealth must be returned to its owner. (Shami) As regard to the interest of bank, it is difficult to find out the owner and return the interest to him. This is because, the bank is not the owner of the interest that it gives to the customers. But it takes interest from some customers and gives to the others. So, if someone returns the interest to the same bank or to the other one, it will not be retuned to the owner. Moreover, it is forbidden to use Haraam wealth for any personal interest. (Ibid) Therefore, the interest money must be given to poor and needy people without making any intention of getting reward. But the intention must be to get rid of Haraam wealth.
However, Ulama are of the opinion that most of the conventional taxes are unjust and excessive. Therefore, one may be permitted to pay the UNJUST TAXES WITH THE INTEREST MONEY RECEIVED FROM GOVERNMENT BANK. It would not be allowed to pay taxes received from the private bank. But it is always recommended to avoid paying taxes even with the interest money received from government bank in order to stay away from getting indulged in using interest money for personal usage.
والله اعلم بالصواب و علمه اتم
Mohd. Shihabuddin Qasmi
Date: 2 Rabiul Awwal 28
Jaamia Hamidia 