Skip to content
 

Islami Fiqh Academy (Al Majma Al Fiqh Al Islami)

Founded and headed by late Qazi Mujahidul Islam Qasmi, the scholar who was most instrumental in strengthening the unity in the Ummah through the Muslim Personal Board, Milli Council, Amarat Shariah Bihar, etc., declared a historic resolution on the permission of insurance on the occasion of the Islamic Scholars’ Annual Meet.
As a procedure of the Academy, the Ulema from all over India used to gather annually and seek consensus on various modern contemporary issues like donation of the organs, banking, insurance, etc.

In their 4th annual meet from 9th to 12th of August, 1991 at Hyderabad, they agreed in principle to the resolution of accepting life insurance policy but it was declared only in the next annual session held on 20th November, 1992 at Jamia Rasshad, Azamgarh, UP.

Earlier, Darul Uloom Deoband had already decreed the Fatwa in favour of insurance but since Deoband produces innumberable scholars every year, the conflict of opinion between them is quite natural. So the scholars in favour and against the life insurance are in equal number.
Earlier in 1965, Majlis-e-Tahqeeqat Shariah, Lucknow had approved the Fatwa permitting insurance.

Islamic Fiqh Academy, in its 5th annual session at Azamgarh in 1992 studied the two earlier Fatwas in depth. Seventeen senior scholars were assigned to study all the available insurance policies and give their recommendations in favour or against whatsoever conclusion they reach. Finally, they came up with the following resolution:

The existing insurance system, although illegitimate in Shariah due to its involvement in Riba, Gambling, Gharar, etc., is permissible in Sharia under “Azzaroorat taba’al Khatoorat, Rafa Zarar, Dafa al Harj, and Tahaffuze Jaan wo Maal (The necessity at the time of danger, combating the damage, eradicating the peril, and protection of life and property.) Since there is a constant danger to life, property, business and industry of the Indian Muslims due to communal riots, it is permissible under Shariah that they can take insurance policies.

The scholars who signed the document were:

  1. Late Maulana Mujahidul Islam Qasmi
  2. Sultan Ahmed Islahi, Idara Tahqeeq-o-Tasneefe-Islami, Aligarh
  3. Khalid Saifullah Rahmani, Hyderabad
  4. Nematullah, Darul Uloom, Deoband
  5. Habeeburrahman, Darul Uloom, Deoband
  6. Mufti Habeeburrahman Qasmi, Riazul Uloom, Gorini, Jonepur
  7. Mufti Sana Amri Qasmi, Madarsa Ahmed Ba Bakar, Pordeshali
  8. Zubair Ahmed Qasmi, Ashraful Uloom, Kanhewan, Seetamarhi
  9. Aneesurrahman Qasmi, Amarat Shariah, Phulwarishareef, Patna
  10. Ateeq Ahmed Qasmi, Darul Uloom, Nadwatul Ulema, Lucknow
  11. Azeezurrahman Fatahpuri, Bombay
  12. Rafeequl Mannan Qasmi, Ahya ul Uloom, Mubarkpur
  13. Syed Mustafa, Sadrul Islah, Bangalore
  14. Maulana Ma’azul Islam, Moradabad
  15. Maulana Ashfaq Ahmed
  16. Maulana Obaidulla, Ajwada
  17. Abdul Jaleel Qasmi, Jamea Islamia Samra, Champaran
  18. Md. Junaid Alam Nadvi Qasmi, Amarat Sharia Phulwari Shareef, Patna
  19. Naseem Ahmed Qasmi, Islamic Fiqh Academy, Patna
  20. Badar Ahmed, Khanqah Mujeebia Phulwari Shareef, Patna
  21. Najeeb Ahmed Qasmi, Jamea Arabia, Hatwaraband
  22. Habeeb Ahmed Qasmi, Islamic Fiqh Academy, Patna
  23. Md. Sadrul Hasan Nadvi, Kashiful Uloom, Aurangabad
  24. Tanweer Alam Qasmi, Ashraful Uloom, Kanhiwan, Seethamarhi
  25. Maulana Md. Nadeem, Ashraful Uloom, Mysore
  26. Mufti Md. Abdul Raheem Qasmi, Jame’a Khairul Uloom, Bhopal
  27. aulana Md. Raed, Darul Uloom, Deoband
  28. Maulana Iqbal Ahmed, Darul Uloom, Deoband
  29. Md. Afzaalul Haq, Darul Uloom, Gorakhpur
  30. Maulana Shameem Ahmed, Miftahul Uloom, Mau
  31. Nazeer Ahmed Qasmi, Jamia Madeenatul Uloom, Bara Banki
  32. Md. Yousuf Qasmi, Imdadul Uloom, Zaidpur, Bara Banki
  33. Sayeedul Haq Madani Qasmi, Darul Quran, Mau
  34. Maulana Sarfaraz Ahmed, Jamea Ahyaul Uloom, Mubarakpur
  35. Md. Shoeb Islahi Qasmi, Madarsatul Islah, Sarae Meer
  36. Mufti Md. Abdullah, Madarsa Baitul Uloom, Sarae Meer
  37. Maulana Masood Ahmed Nadvi, Jamea Islamia, Muzaffarpur
  38. Mujeebullah Nadvi, Jamiatur Rasshad, Azam Garh
  39. Maulana Afzaal Ahmed Qasmi, Patna
  40. Habeeb Ahmed Qasmi, Fiqh Academy, Patna
  41. Jameel Ahmed Nazeeri, Nazim Jamia Arabia Ahyauloom, Azamgarh
  42. Maulana Badrul Qasmi al Kuwaiti, Kuwait
  43. Abdullah Khan, Madarsa Miftahul Uloom, Ahmed Nagar
  44. Md. Burhanuddin, Darul Uloom Nadvatul Ulema, Lucknow
  45. Dr. Syed Qudratullah al Bakhwi, Daar Qudrat, Mysore
  46. Abdul Azeem, Faculty of Economics, Muslim University, Aligarh
  47. Maulana Anwar Ali Azmi, Darul Uloom, Mau
  48. Md. Sharafat Khan, Madarsa Ziaul Uloom, Rae Bareli
  49. Dost Md. Nadvi, Madarsa Ziaul Uloom, Rae Bareli
  50. Abdul Qayyum Palan Puri, Jamia Naziria Kakoksi, Gujarat
  51. Maulana Abdullah Qasmi, Jamia Islamia. Banaras
  52. Md. Imran Mazaheri, Darul Uloom, Chhabi, Gujarat
  53. Abdul Rahman Qasmi Palan puri, Darul Uloom, Chhabi, Gujarat
  54. Md. Qamruzzaman, Madarsa Baitul Moaarif, Allahabad
  55. Maulana Arshad Qasmi , Ajwada

(source: Daily Siasat dated 4th February, 1993 Wednesday)

  • Share/Bookmark

10 Comments

  1. irfan akbar says:

    salam plz i want cell no of mufti jameel ahmad nazeeri. plz mail me wasalaam

  2. ATTIQUE-UR-REHMAN says:

    Dear sir Assalam-o-Alaikum
    I am a life insurance agent and face almost on daily basis that people ask me these type of questions. Although I am doing my level best efforts to convience them but still need such type of evidences. Would it possible that a copy of such FATWA may please be mailed to me on Abufarqaleet@yahoo.com please.
    hoping for affermative response.
    with best wishes and regards
    ATTIQUE-UR-REHMAN

  3. Kausar Ali says:

    Sir,

    Assalaam-u-alaikum

    Please find hereunder the Concept of Islamic Economics submitted to your evaluation and seeking your kind comments/feedback/suggestion as appropriate.

    ISLAMIC ECONOMICS: Islamic Economics is much about Micro Economic Behavior governed by the sense of accountability of its Citizens towards the Rights of the Lord Almighty and a sense of Fear facing the Day of Judgment, a spirit of caring fellow beings and spending for nothing but to seek mere Salvation from the Fire of Hell. The Macro Economic Structures (Financial Institutions, Banks etc) established in the name of Economic System exists to the extent of a State Working as a Guardian, as a Facilitator and a sole Promoter of these very Economic Behavior of Benevolence, Fellow Wellbeing, General Happiness and Pleasure to the widest of its Citizen Communities.

    To be precise, the Objective of Islamic State is focused exclusively to Design and Implementation of a Holistic HR Management Policy ensuring Inculcation of the very sense of Moral Ethics across all its citizens. The State simply safeguards promoting Values and Morals to highest level of Charitable Selfless Value-based Spending of Citizens.

    I dream to be a part of such a prestigious team committed to develop and design a Model HR Policy as well as an active member in promotion of the very Policy Intents and Objectives proliferated through Academia, Institutions, Industry Organizations, Workshops and Seminars and so alike.

    Awaiting your kind response as valuable comments/feedback so as to evaluate my understandings and explain the concept further to satisfaction.

    Regards and Wassalaam,

    [Kausar Ali]
    M.Tech.(IIT), B.Tech.(Cal)
    Email: alialikausar@gmail.com

  4. AKF says:

    @ irfan akbar
    Please call to Islamic Fiqh Academy, New Delhi.
    Landline : +91-11-26981779
    You can get the mobile no. of Mufti Jameel Ahmad Nazeeri. insha’Allah.

  5. AKF says:

    @ ATTIQUE-UR-REHMAN
    You can get a fatawa copy directly from Islamic Fiqh Academy, New Delhi.
    Phone : 0091 11 – 26981779
    Email : ifa@vsnl.net
    Kindly check this link also :
    http://ifa-india.org/english/decision_Insurance.html

  6. Dr Gulam Mohammad Chinchwalker (Qadri) says:

    Respected Teachers.

    Banking and Islam

    (My Queries and deep sense of hamdardi for my muslim brother who are working in Bank and people who cant afford to start business or house due to financial problems)

    The bank and banking is view as a business organization working on interest .
    Since interest is haram in Islam the entire set up of bank and banking and employee working in a bank is considered Haram by Islamic Scholars.

    Riba (taking interest) A muslim is not allowed to take or give money on interest.
    Riba is one of the seven major sin in Islam and unforgivable in nature.

    The Ayat in regard to Riba came after Hijri to Yathrib , before this ayat many Shahabis including the prophet had taken money on interest from the Jew money lender.

    The Institute of Money lending business are harmful for those who take money from
    this money lender who lend money on very heavy interest rate and are very strict and unreasonable this money lenders give money on mortgage of land , gold and other
    valuable items .

    During Prophet time it was common observation that those who had took loan from
    these money lenders had to suffered miserably in hadiths it was said that the muslims should not become as cruel as this moneylender and should not give or take money on loan on interest Riba .

    Is Modern Banking and Money lender business of earliar time are one of the same or they are different ?

    Banking have one principle which is common with Money lender is lending money on interest but the Institution of banking in modern time is vast and very much different than the money lenders of earliar time .

    Banking Institution in modern time is an financial organization supported by the government and has been legalized and under the counter of RBI . Banking Institution has help the society at large in development in many field , unlike money lender business who use to charge heavy interest rate and were detrimental to the society at large .
    Modern Banks accept deposit from their client and pay them interest while the money lenders does not accept deposit they work with their own capital .

    Why bank is so important ?
    The prime reason whey most of the people all over the world keep money in bank is because their money are in safe their custody and are protected against robbery or other calamities. Many people have to save money for future they find bank more convenient as such keeps money in bank .Saving money in bank for protection is the main reason while the Money lenders does not takes deposit nor they guarantee or are trustworthy.

    QUESTION ASKED TO THE ULEMAS

    A. If a person want to keep money in conventional bank for safekeeping and not to earn interest is it still haram if he keeps money in bank and does not take interest.
    Bank is a legalized body and govern by the government of that country . Banking is an international body and respected by Government of all the countries most of the business through out the world are conducted through banking . Those who are in business of import and export find it convenient to do their business with bank .

    Businessman all over the world find it convenient to make a payment to the party through cheque, the bank accept cheque an transfer the amount of the depositor into the amount of whom the cheque is issued.. When can also obtain money through traveling cheque or through ATM he can also do shopping without paying cash through credit or debit card . Banking help a person to book his tickets on line saving time trouble and money .

    On other hand the amount of Interest involved in banking is very small compared to the interest charged by the money lenders plus money lenders does not provide all the facilities which a modern bank provides. If we can just consider that the low interest is not an interest but a service charge in compare to the services rendered . Bank give money to three class of people it give loan to the government , to business organization and to individual for personal need like housing , marriage , medical , education etc it is found that many who had taken loan are able to get benefit from this loan.
    Can Islamic Scholars take a liberant view and look with deeper insight may be it possible that the word interest would be view as services charges since the interest charges are not more than 9 to 10 percent annually .

    There is very narrow line and difference between usury and business . Usury is not permitted in Islam where as business is permitted for example if a person want to invest his money in business but other business man he can invest his money without actually being the part of his business yet obtain profit which is hallal , while a person give a another business on interest than it is haram .

    Islamic Scholars have no issue over the functioning on bank and the principle of bank except to Riba as Such Bank and banking is acceptable that is why Muslim financial institution are called Islamic Bank with similar function but difference in basic principle

    Islamic Bank : Now let us come to Islamic bank is there is any different between conventional bank and Islamic bank there is no difference in the objective and function of the bank.
    The major difference is the Conventional bank is it is Lending oriented while Islamic bank is Trade oriented .

    Islamic bank are profit /loss sharing method ( Mushraka ) secondly Profit mark up sale or rental method ( Ijara , Murabaha , B-Maujjol). In Islamic bank the customer is a partner to the bank and give right to the bank to do business on their behalf on their amount of deposit the business is subject to loss and profit which the depositor has to bear the bank take care to do business in such a way to insecure security and profit to the depositor.

    The Mutual fund banking by conventional bank are now more closer to the principle of Islam the money of the depositor in invested in mutual fund subject to market risk , some invest into most reliable and ethical companies and the profit or loss is shared. In mutual fund there is no interest involved it is free from riba . Most of the Scholars accept buying and selling shares , equity share with ethical business organization is hallal.

    Since in India Islamic Bank facilities are not available muslim has to keep their account in conventional banks for save custody , or to carry out their business buying and selling it is found that many muslim are having account in conventional banks at the same time keeping with the law of sharia many muslims do not take interest from the bank.

    Question to the Ulemas ;
    Is it fair and proper for a muslim to have an account in conventional bank without taking interest and only taking benefit of bank by paying fees for their services ?

    Now what is the status of muslim bank employees , bank employee is a commercial graduate whose job is to keep proper account and book keeping he keep the accounts of muslim as well as non muslim client . If a muslim client can have bank account than why a muslim cannot work in the bank when he himself does not take interest on his own saving in bank and he is honestly doing his duty .

    Question to Ulemas
    Can a muslim work in a bank ?

    It is found that many muslim do not treat employees of bank as muslim but openly avoid them and ill treat them is it fair , No one had ever told the bank employees in the beginning that they should not join the bank it is un Islamic now since they have already given up half of their life they are told to quit their job or face social boycott . In India where employment is so rare where muslim are denied job everywhere where would this people go only if they find some other job they would . Very few people or business organization are doing fair business in fact many business organization have taken loan or loan on interest if dishonesty is every where why target just bank employee because you know there is interest and in other business you do not know .

    Question to Ulemas
    Should we boycott and illtreat muslim who are working in bank ?

  7. Dr Gulam Mohammad Chinchwalker (Qadri) says:

    Respected Islamic Scholar and Wel wisher of muslim in both the world

    Insurance
    Institute of Insurance is new to Islam , but the principle of Insurance in any way does not violate the Islamic principle , It is designed to give protection to a person for his property valuable or life against unforeseen sudden calamity , disaster ,accident or event . Thus Insurance give protection on two things life and property.

    It is common understanding that human being are subjected to many risk both man made and natural calamity , sudden loss of life and property can be a great set back . Is risk and gamble or gambling same ?

    There are three ways through which one can come out of the calamity that hit him .

    A) If a person is alive he can still struggle once again from build up to its original status

    B) Another way is that he can get help physically and financially from other people or he or she may get aid or compensation from the government .

    C) Through Insurance if he had insured his good or property and had paid regular premium the Institute like Insurance would have paid him the looses of the amount which he had insured thus save him from the impact of calamity , in case of loosing life of the bread winner his family would have depend on others or he have to accept charity which is not honourable thing to do as such Life insurance comes to their aid.

    The Functioning of Institute of Insurance although good in principle is totally not legitimate according to Sharia because it involves Riba ,Gambling and Gharar .

    Insurance institute in order to give maximum relief to the victim of disaster , accident and death invest the money paid of the client in two ways either it give their money on interest Riba which is not acceptable to Islam or they invest the money in equity share which is legitimate and not haram in Islam this type of Insurance are called unit link insurance which are subject to profit and loss as per the market and some companies offer combination of both which is again not acceptable to Islam , so if muslim choice right kind of policy in which interest is not involved than it become acceptable regarding risk factor and gambling the subject is still debatable and expert like Ulemas and Islamic Financial Scholar can still probe more into it.

    Late Qazi Mujahidul Islam Qasmi declared a historic resolution on the permission of Insurance on the occasion of Islamic Scholars Annual Meet.
    In the 4th annual meet held at Hyderabad on 9th to 12th Aug 1991 it was agreed in principle to the resolution of accepting life insurance policy but it was declared only in the next annual session hold on 20th November 1992 at Jamia Rassgad in Azangarh UP.
    Earlier in the year 1965 Majis –e-Tahqeeqat shariah , Lucknow had approved the Fatwa in permitting insurance. During recent riots in Mumbai and Gujarat the Islamic Scholar and Ulema Council also started thinking on this subject seriously .

    In the 5th annual session at Azamgarh in 1992 studied the two earlier Fatwas in depth . Seventeen senior scholars were assigned to study all the available details pertaining to insurance policy and give their recommendation in favor or against what so ever the conclusion reach.

    In India we have large population of muslim most of them are living below poverty line ,
    when ever a muslim makes progress financially there is scheme of the miscreant to destroy the financial power of muslim , this was done by the organized groups thorough riots in Biwandi , Gujarat (Surat , Ahmedabad, and muslim businessman ) . Muslim have no protection against life and property the police does not come to help property once loss mean much time to be on the feet again . The doors of taking loan from the bank and getting benefit from Insurance is close because in India we do not have Islamic Financial Institute or Islamic bank.

    Bajaj and Tata Finance Institute have understood the need of muslim , not only muslim there are other religion like Jainism also who does not want interest or invest in companies like entertainment , hotel, wine etc as such it is need of time to find solution to the financial problem of muslim .

    In Bank and in Insurance company there are mixture of good and bad there are thing which are halal there are thing which are haram now cant we select what is halal and refuse what is haram , cannot we pressurized to Government to have illigimate policies and scheme in bank and Insurance company . Most of the private Insurance companies are willingly to accept the principle of muslim and ethical investment what is require is effort .

    The result of seventeen Islamic scholars are it made insurance permissible on ground of
    “Azzarooorat Taba’al khatoorat, Rafa Zarar , Dafa al Harj, and Tahaffuze Jaan wo Mall but after 1991 now in 2010 and 2010 most of the private Insurance company are willing to accept the version of the ulemas in framing policies which are Hallal .

    To read the name of those scholars which are more than 55 in numbers please turn to
    http:///li .allemkhandfalaki.com/chapters/islami-fiqh-academy-al-manma-al-fiqha-al-islami.

    Dr. Gulam Mohd Chinchwalker (Qadri)

  8. amjad says:

    Dear sir Assalam-o-Alaikum
    I am a life insurance agent and face almost on daily basis that people ask me these type of questions. Although I am doing my level best efforts to convience them but still need such type of evidences. Would it possible that a copy of such FATWA may please be mailed to me on Amjad_mahboob112@hotmail.com please.
    hoping for affermative response.
    with best wishes and regards
    Amjad

  9. Nilofar Ali says:

    I listened one bayan on whats app message about listening Manzil dua continuesly as a cure of black magic, Nazar etc. but I don’t know the name of a maulana. He mentioned his name hazrat junaid and he is orignally from Bihar. Is anybody know about him because I want his contact number.


Leave a Comment