individually, and a sound hadith from the Prophet—may Allah bless him and grant him peace—forbids sales that involve gharar (excessive uncertainty).
Second: A commercial insurance contract is a form of gambling, for it involves wagering in financial exchanges, subjecting one party to loss without wrongdoing on his part and granting the other pure gain without an equivalent return. The policyholder may pay a single premium and the accident then occur, obliging the insurer to disburse the entire insured amount; or the risk may never materialize, and the insurer pockets all the premiums for nothing in return. When such ignorance and uncertainty dominate, the arrangement is gambling and therefore falls under the general prohibition of maysir in Allah’s words:
“O believers! Intoxicants, gambling, idolatrous sacrifices, and divining arrows are but filth from the work of Satan, so avoid them that you may prosper.” (Al-Maʾida 5:90), together with the verse that follows it.
Third: The commercial insurance contract contains both riba al-faḍl (surplus usury) and riba al-nasāʾ (deferred usury). If the company pays the policyholder, his heirs, or the designated beneficiary more than the amount he paid in, that surplus is riba al-faḍl; and because the insurer pays it after a period of time, it is also riba al-nasāʾ. Even if the company returns exactly what the policyholder paid, the deferment alone constitutes riba al-nasāʾ. Both forms are forbidden by explicit textual evidence and by unanimous scholarly consensus.
Fourth: A commercial insurance contract is one of the prohibited wagers, for it is permeated by uncertainty, risk, and gambling. The Sharia allows wagering only when it serves the cause of Islam and manifests its symbols through proof or arms. The Prophet (peace and blessings be upon him) restricted lawful prize-competitions to three, saying: “No prize is lawful except for a camel race, a horse race, or archery.” Insurance is none of these and bears no resemblance to them; accordingly, it is unlawful.
Fifth: A commercial insurance contract entails taking another person’s wealth without a valid counter-value, and such taking is forbidden in commercial exchange contracts. It falls under the general prohibition in Allah’s statement:
“O believers! Do not consume one another’s wealth unjustly; rather, let there be trade by mutual consent among you.” (Al-Nisāʾ 4:29).