An Analytical Study of the Opinions of Collective Jurisprudential Institutions on Prevailing Insurance

Abstract

The insurance agreement is a significant issue of Islamic jurisprudence which has concerned numerous arguments and deliberations. Shari‘ah researchers, economists, and experts have categorically discussed their views from a Shari‘ah stands point. A number of scholars are opposed to the idea of modern insurance. They highlight objectionable elements like interest, gambling, and uncertainty in insurance. On the other hand, some scholars say nothing incorrect with insurance. According to them, an insurance contract is a valid contract from the Shari‘ah point of view because it is based on Islamic values of
collaboration and mutual help. Many international conferences and seminars had been organized on said issue and were studied by collective fiqhi bodies and research organizations in different Muslim countries. This paper aims to review and analyze the
verdict uphold in the conferences and the resolutions of research organizations about the shari'ah position of insurance as the collective opinion are always considered stronger than individual opinion. Resolutions of almost all well-known reputed fiqhi bodies were collected and analyzed. It is noted with surprise that although some scholars consider insurance permissible but all collective fiqhi bodies are unanimous on it impermissibility due to the involvement of prohibited elements found in this contract. These bodies also suggested the possible alternative to commercial insurance. `The 1992 report of the Council of Islamic Ideology Pakistan is the most comprehensive work on this subject and provides a detailed model based on the concept of Waqf.