Fatwa #181783 August 2009South Africa
It is compulsory for all employees to take out medical aid. What should i do?
Question
I have been asked by my company to take out medical aid (the company uses Discovery) and provident/pension ( the company uses Lekhana/Momentum) fund. I would like to know what to do in this situation because its compulsory for every employee. and the they give me two options with the provident/pension fund.
Please advise.
Answer
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatuh
As a principle, if the provident/pension fund is a requirement under government or company regulation and you have no choice but to opt for it, then you may participate in the fund. The benefits received from the fund would be permissible and considered a voluntary offering from them to you. However, if the fund is only a recommendation and not a requirement, then it will not be permissible to participate in the fund. The same principle will apply for the medical aid.
Refer to:
1. Fatāwa Rahimiyya, vol 9, pg 241, 271, Dārul Ishā’at)
2. Contemporary Fatāwā, pg 252, Idāra Islāmiat)
3. Jadīd Fiqhi Masāil, vol 1, pg 435, 438, Kutub Khāna Na’īmiyya)
4. Ahsan Al-Fatāwa, vol 7, pg 50, HM Sa’īd)
5. Aap Ke Masāil, vol 6, pg 212, Maktaba Bayyināt)
6. Fatāwa Mahmudiyya, vol 16, pg 391, Fāruqiyya)
7. Nawādirul Fiqh, vol 1, pg 325, Maktaba Dārul Ulūm Karachi)
And Allah knows best
Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa