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Date: March 11-13, 2006
Venue: Mysore, Karnataka (India)
Topic:
- Medical Insurence
- Crediat Card
- Geneic Science
ISLAMIC FIQH ACADEMY (INDIA)
Resolutions of the Fifteenth Seminar
The cardinal object of the Islamic Fiqh Academy (India) remains to propound Islamic injunctions appertained to the issues that have emerged in the present era. For this purpose, the Academy lays stress on collective reflection and resolution on the concerning issues. In this wake, the Fifteenth Fiqhi Seminar of the Islamic Fiqh Academy was held on 11-13 March 2006 in the well-known religious institution of the historical city of Maysore in South India namely Darul Uloom Siddiqiya. This Seminar was attended by around 200 Ulema, religious scholars, experts on medical insurance and biotechnology, economists, etc. Delegates from Kashmir to Kanyakumari and from eastern India to central part of the country graced the programme. Learned scholars in the Islamic Jurisprudence from United Arab Emirate, Iran and Nepal have also enriched its proceedings. The participants took the following resolutions after thorough discussion on each of the issues.
I. Bank Cards
The Seminar has focused its discussion on the matter of various kinds of cards issued by banks to their customers to ascertain in what conditions the injunctions of Interest (Riba) will become applicable and in what conditions it will not? It is because Interest has been prohibited in Islam due to its exploitative nature, and it cannot be permitted in any case. In this background the following resolutions were arrived at.
While considering permissibility as central to every matter, there seems no objection from the Islamic viewpoint in using the ATM cards to withdraw one's own money deposited in the bank account.
- It is permissible and apt to use debit cards in selling and purchasing things and transfer money from one account to the other.
It is permissible to pay money for acquiring the ATM or debit cards and to pay all charges involved in this regard, since such an amount would be deemed nothing but fee for the particular services provided by banks.
Since the prevalent pattern of credit cards is beyond doubt an Interest-based dealing, hence the use and possession of credit cards or any equivalent thing is not permissible.
II. Medical Insurance
No form of gambling is permissible under the Islamic Law. The prevalent method of medical insurance is tantamount to gambling on the ground of its actual consequence; which has turned the benign service of medical treatment into business and trade. In this context the delegates of the Seminar have taken the following decisions regarding medical insurance:
Medical insurance, like all other aspects of insurance itself, is based on non-permissible dealings. Therefore, in normal situation medical insurance is not permissible; and in this judgement no distinction could be made between the governmental or private set ups.
If the medical insurance has been done due to any legal compulsion, then there could be possibility of permission. In such a situation, it will be obligatory upon a capable patient to distribute equivalent of the excess amount spent on treatment as compared to the deposited amount in charity without expecting any divine reward on it.
The Islamic alternate of the prevalent system of medical insurance is possible and the simple solution in this regard could be the establishment of such medical institutions by the Muslims, which could treat poor patients while helping them according to their needs.
III. Genetic Test
The advancement of science and technology in the present era has provided several benefits to mankind. However, from human perspective there are some negative aspects of concerning developments too. Genetic science and DNA test comprise important links in this regard. Hence, the following resolutions of the Seminar were brought on record concerning various aspects of genetic engineering.
If it becomes evident from a genetic test that the foetus is growing in the mother's womb with an incurable mental or physical disability and that the life of the prospective human being would be some sort of a burden and taxing to the parents, then in such a situation it will be permitted for them to abort it before 120 days from the conception.
If it is established by the genetic test that the next generation of a person would suffer from hereditary disability of sever nature, then it would be permitted to check the birth.
If it is apprehended from the genetic test that a person would become mad or suffer from such an incurable disease which provides ground for dissolution of a marriage, then such a test would not be regarded a sufficient ground for dissolution of any marriage.
It is permissible to make use of genetic test for treatment, diagnosis of disease and for carrying out research in the field of genetic engineering.
IV. DNA Test
The following decisions were taken in the Seminar appertained to the DNA test:
It is not permissible to create doubt about the lineage a person through DNA test, which could otherwise be established according to the principles of Shariah.
If there are a few claimants of a child and no one of them possesses any irrefutable proof in this regard acceptable to Shariah, then in such a situation the validity of a claim could be established through the DNA test.
Validity of a DNA test will not be acceptable as compared to the Islamically valid methods for proving crimes attracting capital punishment.
Validity of a DNA test will be acceptable for proving such crimes, which are not attracting capital punishment according to Shariah.
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Introduction
