FAQ #185: Insurance Permissibility

Question: If an insurance policy invests in Shariah-compliant funds, does that mean the whole policy is Shariah-compliant? 

Answer:

Not necessarily. An investment-linked insurance policy normally contains two separate elements: the insurance contract and the investment component. The investments may be placed in Shariah-compliant funds, but this does not automatically make the insurance contract itself Shariah-compliant. For a product to be genuinely Shariah-compliant, both the protection structure and the underlying investments need to comply with Shariah.

The mainstream position of contemporary fiqh academies is that conventional commercial insurance is generally impermissible because of the excessive uncertainty (gharar) in the exchange of premiums for an uncertain future payout. Takaful was developed as the Shariah-compliant alternative through a structure based on mutual assistance and contribution. A “Shariah-compliant investment” label should therefore be understood as referring to the investment component unless the insurance structure itself has also been certified as Shariah-compliant.



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