QUESTION -- Claiming that the prevailing Medical Aid scheme is permissible, Zaid presents the following arguments:
(1) The Medical Aid Scheme is a ‘legal person’ with contractual capacity, and is able to act and contract like a real sane human being. Thus this ‘legal person; can own and give ownership
(2) According to the rules of the Medical Aid Scheme, this ‘legal person’ grants medical benefits to contributors of the Scheme.
(3) All the contributions are utilized for the running expenses of the Scheme and for providing medical benefits to the contributors.
(4) Medical benefits are granted by the Scheme to contributors whenever the calamity of sickness strikes them.
(5) The Medical Aid Scheme does not have for its objectives financial gain. It is based on the principle of providing aid to contributors.
On the basis of this set-up, Zaid says that:
(a) The Medical Aid Scheme is based on the principle of pure gift/charity/favour (Tabarru’Mehz), and not a transaction of exchange because of two factors: i. The contributors do not pursue the objective of profit in lieu of their contributions, hence their contributions are absolute gifts/charity without any conditions attached, and the ‘legal person’ (Medical Aid Scheme) becomes the owner of the contributions. ii. At the time of calamity (sickness), the ‘legal person’ will make a donation to the contributors in according with its rules.
(b) According to the Maaliki Math-hab, when a person assumes upon himself an act of charity (Tabarru’), then it becomes incumbent on him to honour the self-imposed obligation. Hence, according to the principles of the Maaliki Math-hab, payment of the contributions is a self-imposed charitable obligation by the contributors. Thus, payment is incumbent on them. The same rule applies to the ‘legal person’ at the time when the calamity of sickness befalls the contributors. (Although Zaid is a modernist, he does follow the Hanafi Math-hab).
On these grounds Zaid concludes that the Medical Aid Scheme currently in vogue is valid and lawful according to the Shariah. Please comment on this dissertation.