Travel insurance

Travel insurance

By: Dr Mohammad Akram Nadwi
Oxford

Question: My student Ibrahim Faisal asked the following question:
Asalamu Alaikum Shaykh
Two of my friends are going to Egypt for 1 year to study Arabic. They are worried that there may be a higher risk of falling ill in Egypt, and they have been told that medical treatment there is extremely expensive. They are asking if it is ok for them to take out travel insurance, to cover them in case they require medical treatment.

Answer:
Wa ʿAlaykum as-Salām wa Raḥmatullāh
Your question is very important, and may Allah bless your friends with success in their studies of Arabic and grant them health, safety, and well-being throughout their journey.

The general principle in Islamic law is that commercial insurance is not permissible. This is because it contains elements that are prohibited in the Sharīʿah, such as gharar (excessive uncertainty), ribā (usury or interest), and maysir (gambling). For example, a person pays premiums regularly without knowing whether they will ever make use of the insurance, and if they do make use of it, what they receive in return may far exceed what they have paid in. This imbalance and uncertainty makes the transaction problematic from a Sharīʿah perspective. For this reason, many senior scholars and Islamic Fiqh councils have ruled against insurance contracts when there is no pressing reason to enter into them.

At the same time, the Sharīʿah recognises the principle of al-ḍarūrāt tubīḥ al-maḥẓūrāt – that necessities permit what is normally prohibited – as well as the principle that a strong and pressing need (ḥājah) may be treated in the same way as necessity in certain cases. If a Muslim travels to a country where medical treatment is very expensive, or where access to treatment may be extremely difficult without insurance, then scholars have allowed insurance in such a situation due to the need to protect oneself from harm and severe hardship. This is because the purpose of the Sharīʿah is to preserve life, protect people from harm, and to remove unnecessary hardship from them.

In the case of your friends, since they are travelling to Egypt for one year, and they are concerned about the possibility of falling ill and the costs of treatment being very high, this is a valid concern. In this case, it would be permissible for them to take out travel insurance, but only to the extent of the need. Their intention should be protection from potential harm, not seeking profit or gain from the insurance. Allah says in the Qur’an: “He has not placed upon you in the religion any hardship.” (22:78). And the Messenger of Allah ﷺ said: “There should be neither harm nor reciprocating harm.” (Ibn Mājah, Aḥmad)

May Allah protect your friends on their journey, keep them in good health, and grant them beneficial knowledge and steadfastness upon the dīn.

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