ImpermissibleInsurance & Takaful·1990-04-10

Conventional Insurance

Permissibility of buying conventional insurance policies

Plain-Language Summary

Conventional commercial insurance is impermissible as it combines three prohibited elements: riba (interest on investment of premiums), gharar (uncertainty over what will be received), and maysir (gambling-like structure where one party gains at another's expense).

Scholar
Mufti Muhammad Taqi Usmani

Mufti · Hanafi

Jurisdiction
OIC Fiqh Academy (International)

Organisation of Islamic Cooperation Fiqh Academy

Confidence
●●●High Confidence

Full Ruling

The OIC Fiqh Academy confirmed the prohibition of conventional commercial insurance on the grounds that: (1) Insurance premiums are invested in riba-bearing instruments. (2) The contract involves gharar fahish: the insured pays premiums without knowing what (if anything) they will receive in return. (3) The structure resembles maysir (gambling) — the insurer profits if no claim is made, while the insured profits only if loss occurs. The Academy recommended the cooperative takaful model as the Islamic alternative.

Rationale & Reasoning

Classical scholars traditionally prohibited all forms of commercial insurance. The three prohibited elements (riba, gharar, maysir) are individually sufficient for prohibition; their combined presence makes the prohibition unambiguous.

Rule Basis (Daleel)

  • 01Prohibition of riba in investment of premiums
  • 02Prohibition of gharar fahish in commercial contracts
  • 03Prohibition of maysir (gambling)
  • 04OIC Resolution 52/2/6

Citations & Sources

OIC Fiqh Academy Resolution No. 52/2/6 – Insurance

OIC International Islamic Fiqh Academy · 1990

Ref: 52/2/6

OIC Resolution

Related Rulings

This ruling is for research purposes only. Consult a qualified Shariah scholar or advisor for specific financial decisions.