Many questions about money taken unlawfully and health insurance
Fatwa No: 193001

Question

Sorry to bother again, but I have several questions on unlawful money and medical insurance. In the past, I took money from a church but I just realized right now about returning money to its owner. Problem is I do not remember exactly which church the money was stolen from, so can I return money to any church? Also, in the past, I returned money from the state when I was married but I lied on the document about paying rent, so how can I return money back to the state if I do not know how to return money to the state? Can I just give it to the poor living in the state? Medical Insurance- If I send my documents (paystubs) to the state in order to receive medical insurance for my newborn child because it is to expensive for me to take care of my child without having insurance, can I receive the medical insurance if they approve? The only problem is I may have to pay premium each month because they give insurance based on family income and I am living with my parents but not receiving a high income, so is this harem? Jazzakallah khairun and sorry for constanly sending questions.

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

Whatever you took from the church could be resolved by spending it in the public interest. It should not be returned to the church for fear it might be used in something unlawful. The jurists have explained that a non-Muslim’s endowment for a church is considered invalid, because such is disobedience (to Allaah).

Al-Kharashi said in Sharh Mukhtasar Khaleel: "Endowment for a sin includes when the non-Muslim endows something for a church, whether for its worshippers or its upkeep, since they (the non-Muslims) too are addressed by the obligations of Sharee’ah, according to the official opinion [of the Maalikis]." For more benefit, please refer to Fatwa 85569.

As such, what you took from the church, either it can be returned to its original owners, which is quite probably not possible, so it should be spent in the public interest, like on hospitals, roads, schools, etc.

Likewise, whatever you took from the state without right and there is no way to return it, even indirectly, then you can spend it on the poor and needy and also on the public interest.

As for participating in an insurance policy, if it involves that which is forbidden, then it is not permissible. We clarified that in Fataawa 86414 and 85479.

But if it was a permitted type of insurance, i.e. a cooperative policy, then there is nothing wrong with that. However, it is not permissible to try to evade its conditions, due to the saying of the Prophet, sallallaahu ‘alayhi wa sallam: “Muslims are bound to their conditions.” [Abu Daawood - As-Suyooti graded it Saheeh (sound)]

For more benefit, please refer to Fatwa 81425.

Allaah Knows best.

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