On the 24th of September 2013, our brother Sa'eed Kholmakhat Ishmanov was martyred and elevated to the heavens by the permission of Allah, we assume so and do not commend any one to Allah. He was from Qada' Soor Khandra in 1969, of an age over 44 years.
Question:
Assalamu Alaikum wa Rahmatullah wa Barakaatuhu
What is the ruling on employees working in a non-government firm subscribing to the insurance of this firm which has a contract with a health insurance company?
And, what is the ruling on the employee who represents the firm in conducting contracts and negotiations with the private health insurance company?
Answer:
Wa Alaikumu Assalam wa Rahmatullah wa Baraakatuhu
My brother, perhaps you can further clarify the question.
In any case, if the meaning of the question is to find out the ruling of health insurance that is provided by the firm to its employees, i.e. the firm deducts part of the employee wage in return to guaranteed medical treatment cover to him and his family. Then this is the answer:
Regarding the health insurance:
If the health insurance was a supplement to the work contract, i.e. one of its conditions and not a freestanding contract, then it is permissible. But if it was a freestanding contract, then it is not permissible.
To detail: the employer pledges in an agreement with the employee, to provide the employee alone or with the members of his family with medical treatment cover in return for deducting part of the employee's wage, this is permissible. Because the original contract is a leasing contract of work and this is known. The commitment of the employer to provide treatment cover to the employee or with his family members is a condition; the conditions attached to contracts of work are not blocked unless there is a text that prevents them, like in the case when it legitimises a Haram or it makes a Haram legitimate (Halal). In this case a text is not needed to make it permissible, for it to become permissible, but it requires a text that does not prevent it. I.e. it is not like in actions, which in origin must be restricted by the Shar' rules, so that it requires a text for it to be permissible.
Instead the conditions in contracts are permissible unless there is a text that prohibits them.
On the authority of Katheer Ibn Abdullah Ibn Amr Ibn Awf Al Muzni from his father from his grandfather that the Messenger of Allah (saw) said:
[وَالْمُسْلِمُونَ عَلَى شُرُوطِهِمْ إِلَّا شَرْطًا حَرَّمَ حَلَالًا أَوْ أَحَلَّ حَرَامًا" [رواه الترمذي"
"Muslims are committed to their conditions except that which makes the prohibited (haram) permissible (halal), and makes the permissible (halal) prohibited (haram)" [Tirmithi]
This is on the one hand and on the other, it is part of the employee's wage which is deducted; on this basis the health insurance by the employer is provided for the employee and his family in return for the deduction of part of his wage; whether it is provided for the employee and his family from the onset or it was for the employee alone and then his family are added to him later on, with the agreement of the employer and the employee and it became part of the contract; all of this is permissible.
As for the freestanding health insurance contract, i.e. if the firm is established and it tells the people that if they want it to provide medical treatment cover when they become ill, then they have to pay it a monthly amount in return for this service; this is not allowed, because it is a contract based on an unknown, since the person does not know when they will fall ill, and whether the illness is serious or not.
Your brother,
Ata Bin Khalil Abu Al-Rashtah
26th Dhul Qi'ddah1434 AH
02/10/2013 CE
The link to the answer from the Ameer's Facebook page.
News:
The fallout from the Westgate Mall attack has been immense with some situations bordering on the comical. Straight from the intelligence briefings before the attack to the actual handling of the siege, it has been a case of pure incompetence by a so-called efficient security apparatus in cahoots with the political mandarins that run it. As reported by the Nation Newspaper of 28th September 2013, counter-terrorism reports seen by it indicate Cabinet Secretaries Julius Rotich (Treasury), Joseph ole Lenku (Interior), Amina Mohammed (Foreign Affairs), Raychelle Omamo (Defence) and KDF boss General Julius Karangi were alerted on the impending attacks. The report said terrorists planned to storm a building with guns and grenades and "probably hold hostages". "Briefs were made to them informing them of increasing threat of terrorism and of plans to launch simultaneous attacks in Nairobi and Mombasa around September 13 and 20, 2013," the report says. Surprisingly, no action was taken to avert the attacks!
Comment:
On the issue of handling the attack, a senior GSU officer who was commanding the elite Recce squad was fatally shot by what is said to be friendly fire by the military, at a time when police had taken control of 70 per cent of the mall and pushed the attackers to one corner. No one is willing to explain why the military was called in to handle a matter that was nearly being brought under control by the police.
There seems to have also been a complete breakdown in communication based on contradictions in official accounts of the four-day siege on the Westgate Mall. A classic example was who started the fire that caused plumes of thick black smoke that billowed from the building on Monday? Initially, authorities claimed security forces had done it as a tactic but they later blamed it on the attackers. At some point, senior government officials and security operatives contradicted each other in the open and then made belated alterations under the guise of ‘official information'. As President Uhuru Kenyatta on Tuesday evening addressed the nation, his message was that 67 people, including six soldiers, had been killed as a result of the attack. He noted that five attackers had also been killed and 11 of them captured. According to the earlier figures, the number of those arrested was 16. It became difficult to verify the truth of the statements being released after the military drove away journalists covering the attack.
Claims that security forces had rescued people on Monday and Tuesday morning could not be verified after the government failed to release the figures. The media, which had camped only 300m from the gate, did not see any hostage being rescued as the number of those held by attackers remained unclear. On Sunday, the government had estimated the number of hostages to be 30, including children, but the public was not given the actual figures as the rescue mission purportedly continued. Only ambulances and military pick-ups could be seen driving up to the entrance doors before speeding off, raising anxiety that they were ferrying dead bodies. Instead, Mr. Lenku talked of an "insignificant number" of bodies - an outrageous remark considering that people had died!
As is usual with all security operations, the government admitted on Sunday that there had been looting during the rescue operation after an outcry by businessmen at the Mall. It said three businesses had reported break-ins which is an understatement given the condition of business in the ruined mall. Between Saturday, September 21st, when the last of the police and photographers were bundled out and when shop owners returned, businesses appear to have been systematically ransacked and looted including Banks and Forex bureaus which had their doors shot up and broken into.
This is a classic case of a corrupt Capitalist system which cunningly fails to address problems facing its citizens and can go to any lengths to sacrifice them to achieve its devious goals. From the above mishandling of the security threat, it clearly shows the incapability and lack of ideas by the government in terms of looking after the affairs of its citizens. It is only the Khilafah "Caliphate" state that can seriously deal with such threats as the Islamic state is answerable to its citizens for all its actions and the leaders fear the harsh accounting awaiting them on the Day of Judgment by their Lord.
Written for the Central Media Office of Hizb ut Tahrir by
Kasim Agesa
Member of the Media Office of Hizb ut Tahrir in East Africa
Headlines:
Russian President Vladimir Putin says world powers are "on the right track" with a plan to eliminate Syria's chemical weapons. Putin said on October 2 that if global powers continued to work together, "it will not be necessary to use force and increase the number of people wounded or killed" in Syria. The deal to eliminate Syria's chemical weapons was worked out by the United States and Russia after a chemical attack on August 21 near Damascus that reportedly killed hundreds. Western governments say Syrian President Bashar al-Assad's regime was behind the attack and that this was confirmed by a recent report by the UN. The Syrian government and Russia have blamed rebels. A team of UN experts arrived in Syria on October 1 to begin the process of dismantling the country's chemical weapons arsenal. Putin said the deal could not have been put in place without support from U.S. President Barack Obama and leaders of many countries. [Source: Radio Free Europe Radio Liberty]
A planned deal to let US forces stay in Afghanistan beyond 2014 to fight Al Qaeda remnants is under threat because of disagreement over the Americans' right to conduct military operations, Kabul says. President Hamid Karzai is now directly leading the talks after they ground to a halt despite US pressure to complete the security agreement by the end of this month, said Karzai's spokesman Aimal Faizi. The US plans to pull out the bulk of its 57,000 troops in Afghanistan by the end of 2014, but it has tentative plans to retain some bases and a smaller force of around 10,000 after that. "The US wants the freedom to conduct military operations, night raids and house searches," Faizi told reporters late Tuesday. "According to them, there are 75 Al Qaeda operatives in Afghanistan, which is very strange as this agreement will be for 10 years to have the right to conduct military operations anywhere in the country. "Unilaterally having the right to conduct military operations is in no way acceptable for Afghans." Faizi also said the two sides could not agree on how the bilateral security agreement (BSA) should define an attack on Afghanistan that would trigger US protection. "We are a strategic partner of the US and we must be protected against foreign aggression. For us and for the US, that's the conflicting point. We are not of the same opinion and we need clarity from the US side," he said. Karzai has repeatedly said he will not be rushed into signing the pact, and that it may not be finalised until after his successor is chosen in April elections. "If signed by the current president, he will be definitely held accountable in the history of Afghanistan if things go wrong," Faizi said. On Monday US Defence Secretary Chuck Hagel described the pact as "critically important" as the US and its NATO allies plan the drawdown that will see most foreign troops leave the country by December 2014. [Source: Dawn News]
India's military is fighting the biggest group of infiltrators in Kashmir to cross from Pakistan in years, a top general said on Wednesday. Some 30 to 40 heavily-armed fighters have crossed the Line of Control dividing Kashmir between the rival nations in the Keran sector and are holed up for the past nine days in thick forests in the area, Lieutenant General Gurmit Singh told a news conference. India says rebel incursions have been rising in Kashmir over the past year, feeding an armed revolt there, but these groups were usually made up of five or six people. "The army is fighting the largest group of infiltrators including some special troops on the Line of Control with Pakistan in Indian territory. It's one of the longest operations in Kashmir," said Singh, who leads the Indian army's 15 corps that is responsible for operations in the Kashmir Valley. The army has killed 10 to 12 of them, he said. On Tuesday night, another group of 10 men had tried to cross over to join the militants holed up some 200 to 300 metres on India's side of Kashmir. There was no immediate comment from Pakistan. Islamabad denies it is helping militants cross the largely fenced border with India and has urged India to hold talks to tackle the decades old dispute over the region. The latest fighting was taking place as Prime Minister Manmohan Singh and his Pakistani counterpart Nawaz Sharif pledged in New York last weekend to work towards strengthening a 10-year-old ceasefire that has frayed in recent months. But they failed to announce any concrete measures to advance peace talks that have been slow to recover since 2008 when Pakistan-based militants attacked India's financial centre Mumbai for three days and killed 166 people. Singh denied Indian media reports that the insurgents had taken over a village in the Keran sector and said the military was fully in control of the situation. [Source: Reuters]
A resurgence of religious violence in western Myanmar this week has left six Muslims dead and dozens of homes destroyed, a senior police officer said Wednesday. The deaths and the burning of houses in and around the city of Thandwe occurred Tuesday, just hours before President Thein Sein arrived in the restive area on Wednesday as part of a scheduled visit to cool religious tensions and criticize "extremism." "There are casualties and damage on both sides," Mr. Thein Sein said on state television. But according to accounts from the police officer, Lt. Col Kyaw Tint, and a villager who witnessed some of the fighting, the violence followed a disturbingly familiar pattern: sword-wielding Buddhist mobs rampaging through Muslim neighbourhoods. "All the people who were found dead were from the Muslim community," Colonel Kyaw Tint said. After flaring up last year in western Myanmar, anti-Muslim violence has spread to areas around the country this year, leaving dozens of people dead, almost all of them Muslims and some of them children. Buddhist nationalist groups have called for a boycott of Muslim shops, and radical Buddhist monks have stoked anti-Muslim feelings in sermons across the country. The International Crisis Group, a research organization, released a report this week saying that more clashes between Buddhists and Muslims were likely because of "the depth of anti-Muslim sentiment in the country, and the inadequate response of the security forces." Colonel Kyaw Tint said tensions remained high between Buddhists and Muslims around Thandwe; the police have imposed a curfew, he said. [Source: New York Times]
On the 11th of April 2013 Shabab of Hizb ut Tahrir were arrested in Ardrum for being Muslims that carry out their obligation ordered by Allah, which is working to establish a Khilafah "Caliphate" that will apply the provisions of the Shari'ah of Allah to the people - and for no other guilt.
On Wednesday 25/9/2013, Hizb ut Tahrir / Wilayah of Sudan distributed a leaflet entitled: "The Increase in Fuel Prices is Another Step to Crush the Ordinary People and Creates more Poor", subsequently, the authority arrested 7 of our courageous Shabab of the Hizb. In a defiant move, and despite the security reality; the threats and strikes with hand of steal by the oppressive government who reckon all cries towards them, Hizb ut Tahrir carried out two peaceful protests...
After increasing the prices of electricity and petrol to unprecedented levels, Kayani-Sharif government has announced the privatization of another thirty-one public sector entities to further impoverish Pakistan.
The National Intelligence and Security Services (NISS) released 19 Shabab from the arrested group of Shabab from Hizb ut Tahrir / Wilayah Sudan after they were subjected to various tortures: beating, kicking, abuse, and insults. Some were bound with iron shackles, even those who were over the age of 60 could not be interceded for, nor did the status of some who were Imams of Mosques and Scholars.
