- Details
- Hits: 1722
QUESTIONS TO MUFTI SHAFIQ JAKHURA REGARDING HIS TAKAFUL LECTURE
BY ASK GORA MOTA AND QALAMUL HAQ
1. A) You mention the use of Asbaab (means) for "risk mitigation" and tying the camel. Kindly explain the difference between permissible, impermissible and doubtful means and its ruling in Shariah. Can risk mitigation be done in any way possible even if it has a doubtful nature?
b) You equate denial of adopting insurance with Takaaful to refusal of food for satiating hunger.
Are these two examples on the same level of Asbaab and means?
What is the difference between definite and indefinite means and its rulings?
2. A) You claim that Takaaful premiums are merely a charitable contribution and not a contract.
- What is the Shar'ee ruling of making a charitable offering mandatory?
- Kindly provide references from the major books of Hanafi Fiqh.
B) If it is a charitable fund and the purpose is only for reward, then what will be the case should a person not have enough wealth to produce his Monthly "Charity" premium? Would he still benefit from the purely charitable contributions of others due to being part of the charitable fund?
C) Are those contributing doing so merely on the basis of reward of Aakhirah (which is what charity is about) or contributing to claim in an event of an emergency? Based on your answer to this, do you believe that the members would still contribute if told that they would be unable to receive cover thereafter?
D) In the examples mentioned regarding the Sahabah radiallahu anhum, was the charitable contributions mandatory and obliged? If a Sahabi failed to contribute would he be taken out from this "fund" (as you call it)?
3. Did you inform the Muslim community that Takaaful South Africa is reinsured by conventional insurance? (Thus making it fall within the umbrella of conventional insurance!)
4. Kindly provide an example of
a Waqf model in Shariah whereby those that are benefitting from such a Waqf would be bound to pay premiums (you may call it donations as you wish)
5. You quote Mufti Shafee Saheb and his acceptance of Takaaful as well as many others including Mufti Ebrahim Desai Saheb.
A) Is Haq based on names and numbers?
B) In Mufti Shafee Saheb’s Model was the funds given used primarily for a partnership of trade and thereafter a separate fund set aside from the profits for assisting someone in need or was the funds solely collected for the purpose of insuring oneself (you may call it" assisting others “as you wish)
C) What did Mufti Shafee saheb say regarding a person who wishes to stop contributing and him being returned his full capital?
Hint: He mentioned something regarding it being a great oppression if the person’s capital is not returned.
Is the Takaful model fulfilling these conditions laid down by Mufti Shafee Saheb?
D) Mufti Ebrahim Desai's last fatwa was his disapproval of the scheme yet you mention his name to pull weight for this scheme. You then state "he used to send questions regularly regarding Takaful".
Since when is the sending of questions equated to approval?
If we were to listen to someone explain conventional insurance to us and how it works, and then state that that we learnt a lot from the explanation, would that be understood as acceptance of said insurance as permissible?
We are sending you questions now. Is this to be understood as approval in your estimation?
Can you provide the correspondences with Mufti Desai Saheb in this regard and your answers to the questions?
Kindly answer these simple questions for us and the public in a brief and concise manner.
Abdus Sathaar Syed
For Qalamul Haq
This email address is being protected from spambots. You need JavaScript enabled to view it.
