ANSWER -- The conclusion and opinion of juhhaal (ignoramuses) are devoid of Shar’i substance. Zaid dwells in a state of inflated delusion of his assumed expertise which he deliriously seems to flaunt. The grounds which Zaid has presented for justification of the Medical Schemes in vogue are baseless. There is no concept of a ‘legal person’ in the Shariah. No Math-hab upholds this silly concept of the riba-capitalist system. A piece of paper cannever be a person with contractual capoacity. In fact, a donkey, an insane person and a minor should have greater ‘contractual capacity’ than the absurd ‘legal person’ of the kuffaar riba-capitalists. It is better to contract and transact with an ass than with a piece of paper stupidly proclaimed a ‘legal person’. If a stupid piece of paper could be a ‘person’ with contractual capacity, then any stone can likewise be proclaimed a ‘person’ with whom to contract.
This very first basis of Zaid is kicked out by the Shariah as utter drivel. But people whose brains have become deranged in consequence of their love for the riba system are incapable of comprehending the absurdity of the stupid ‘legal person’ which fiction has ‘humanized’ for them.
The Hanafi Muqallid has absolutely no right whatsoever to cite a rule of another Math-hab to justify his contention. Furthermore, Zaid has ripped the ‘Tabarru’ issue out of its context. While he has seen this silly argument in some book of a liberal Molvi, he appears ignorant of other factors pertaining to self-imposed acts of charity in terms of the Maaliki Math-hab. These columns do not permit us to present detailed argument in refutation of Zaid’s absurdity. If Allah Ta’ala wills, we shall prepare and publish a detailed response and refutation. Suffice here to say that the contributions paid to the Medical Aid are never Tabarru’ even in terms of the Maaliki Math-hab. And, if we have to momentarly assume that the contributions are charity and gifts, then it should be told to Zaid that we are not followers of the Maaliki Math-hab, and he, a non entity, has no right to peddle a Maaliki rule and that too in a mutilated form, totally out of its context.
Every person regardless of his ignorance and little intelligence, understands that neither the contributions of the members nor the benefits awarded by the Medical Aid are gifts of charity or gifts of love. Every dunce knows why he is making contributions to the Medical Aid. In fact, on the basis of contributions, most members and most medical practioners falsify claims and records due to the unjust and haraam policies of the capitalist Medical Aid Scheme handlers. From A to Z the whole haraam system is wracked with fraud, deceit and crookery. No person possessing sanity and sincerity will accept the absurd assertion that the contributions which members pay are charitable contributions made to gain thawaab in the Aakhirah, or are gifts made to gain the love of the handlers of the Medical Aid Scheme. Similarly, no moron is prepared to believe the silly lie that the Medical Aid grants medical benefits to gain thawaab, or the love of the contributors.
Furthermore, any person who has slight congnizance of the principles of the Shariah will understand that one of the fundamentals of the Medical Aid scheme is Qimaar (gambling). The medical benefit which the Scheme grants is suspended on a future unsure event, viz., the calamity of sickness. The benefit will be forthcoming only if the contributors are struck by calamity. No calamity, no benefit. The current Medical Aid Scheme is a classical insurance deal which is haraam. Thus, Zaid’s claim that the basis of the Medical Aid Scheme is ‘pure charity’ (Tabarru’) is pure bunkum (Jahaalat Mehz) or compound ignorance which no jaahil is prepared to accept. Only riba-drunk capitalists will irrationally and intransigently peddle the Tabarru’ absurdity.
Commonsense is adequate to understand that the medical benefits awarded by the Medical Aid Scheme at the time of the calamity of sickness are firmly linked to and reliant on the money which the members contribute. If a member terminates his contributions, he loses out and the Scheme will not provide him with one Panado tablet even if perishes due to a sickness calamity. A man should have some sense of rationality and not descend to degrees below the dregs of self-imposed jahaalat by claiming that the contributions are Sadqah given for Thawaab or gifts given for love, and similarly are the benefits given by the Medical Aid Scheme.
It matters not in the least bit that the Scheme does not have ‘profit’ for itself as its objective. This falsity presented as an aim of altruism is a deception. These Schemes are manned and handled by men about whom the Qur’aan Majeed states: “Those who devour riba do not stand except like a man driven to madness by the touch of Shaitaan.” They invest the money in riba undertakings. Like all insurances companies, they are extremely reluctant to cough up the money when the time comes to pay the huge, exorbitant fees the blood-sucking parasites (the private hospitals) charge for their services.
No one should attach any significance to Zaid’s nonsensical essay on Medical Aid. Medical Aid in its present form is haraam. It is haraam insurance. It fundamental factor of Hurmat (prohibition) is Qimaar (gambling) which no Math-hab condones.