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Can he benefit from the health insurance that his company has with an insurance company?.

20/01/2008 08:58:05 AM GMT   Comments ()     Add a comment   Print     E-mail to friend

Can he benefit from the health insurance that his company has with an insurance company?
Question:
I am working in a foreign company. It gives all its employees free health insurance. Meaning that they pay whatever needed without discounting this from the salaries. Am I permitted to benefit from this service, knowing that I can refuse it? But in this case I will not take any other compensation. 
I have read about the insurance matter from an Islamic point of view. What makes me asking again now is sheikh ben Jebreen’s fatwa which says “The fact that it is haram to participate in insurance does not mean that it is haram to take one's rights from the insurance company if it is required to pay to someone who has been affected by an accident” in answer of question number (70318). Same in my mentioned case as the insurance company is obliged to pay the expenses of treatment to the employees according to the contract signed by the individuals in charge.
Please clarify this matter as it is important for all the employees.

Answer:
Praise be to Allaah.

Firstly: 

We have previously discussed insurance in a number of fatwas and stated the ruling thereon. To sum up, commercial insurance in all forms is haraam, because it involves a number of things that are contrary to sharee’ah, which we have explained in the answer to question no. 8889. This is what was stated in fatwas by the Islamic Fiqh Council, the Council of Senior Scholars and the Standing Committee for Issuing Fatwas. 

Secondly: 

With regard to the answer to your question: 

It seems to us – and Allaah knows best – that it is permissible for you to benefit from the insurance paid to you by the insurance company, because in fact you did not enter into the contract with them. 

Rather you entered into a contract with the company for which you work, and it made the commitment to pay the expenses of your treatment. 

The fact that it made a haraam contract with the insurance company does not mean that you cannot benefit from it, because you are taking your right, to which the company for which you are working has committed itself, and you are not responsible for it entering into a haraam contract with the insurance company. This is in accordance with the fatwa of Shaykh Ibn Jibreen (may Allaah preserve him) which you mentioned in your question. 

And Allaah knows best.

Islam Q&A

Source: Islam QA

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