Mandatory Medical Aid

In the case where a person is subjugated and forced to be part of a medical aid policy; for example the law of the country enforces him to enter into such a contract or it is one of the conditions of the company he works for then in this situation, the Fuqaha have given leeway to derive benefit from such policies.

Hereunder follow a few scenarios in this regard:

1. The company takes out a medical aid contract for the employee either by contributing the entire monthly premiums on behalf of the employee or by contributing a portion of it, together with deducting the remaining portion from the employee’s salary: The contribution of the employer will be classified as a gift for the employee. Furthermore, as it not a voluntary option but made mandatory upon him by his employer, it will be permissible for him to reap its benefits.

2. Again, in the situation where it is a mandatory law of the country to be part of a medical aid scheme but this time he takes out the policy using his own means (i.e. his employer does not do it for him by deducting from salary/source), then too, taking out a medical aid scheme will be permissible, as government law is compelling him to do so. However in this case, he will be allowed to derive benefit only up to the amount of total contributions he has made to date. If there is any excess money then it will be disposed of to the poor without the intention of reward. Yes, if due to compulsion of government, the employer has to deduct directly from source, i.e. from his salary and deposits it into a medical aid fund, etc. then it will be permissible for the employee to reap its full benefits (utilizing the original premium contributions as well as the excess).

3. In the situation where the law of the country or his company does not bind him to take out such a policy rather he takes it out on his own accord, then such a medical aid contract will not be permissible as it involves getting voluntarily engaged in interest and gambling.