Wednesday, March 24, 2010

Muslims to be excused from Obamacare mandate...

The Senate health care bill just signed contains some exemptions to the "pay-or-play" mandate requiring purchase of Obamacare-approved health insurance or payment of a penalty fine. As Fox News has pointed out, for instance, the Amish are excused from the mandate:

So while most Americans would be required to sign up with insurance companies or government insurance plans, the church would serve as something of an informal insurance plan for the Amish.

Law experts say that kind of exemption withstands scrutiny.

"Here the statute is going to say that people who are conscientiously opposed to paying for health insurance don't have to do it where the conscientious objection arises from religion," said Mark Tushnet a Harvard law professor. "And that's perfectly constitutional."

Apparently, this exemption will apply similarly to believers in Islam, which considers health insurance - and, for that matter, any form of risk insurance - to be haraam (forbidden).

Steve Gilbert of Sweetness & Light calls our attention to the probability that Muslims will also be expempt. According to a March 23 publication on an authoritative Islamic Web site managed by Sheikh Muhammed Salih Al-Munajjid, various fatwas (religious decrees) absolutely forbid Muslim participation in any sort of health care or other risk insurance:

Health insurance is haraam like other types of commercial insurance, because it is based on ambiguity, gambling and riba (usury). This is what is stated in fatwas by the senior scholars.

In Fataawa al-Lajnah al-Daa'imah (15/277) there is a quotation of a statement of the Council of Senior Scholars concerning the prohibition on insurance and why it is haraam:

It says in Fataawa al-Lajnah al-Daa'imah (15/251):

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