Muslims can be exempt from ObamaCare
Jack Kemp
This isn't exactly news, but a number of people have forgotten this (myself included) until Glenn Beck mentioned it on Tuesday while discussing the ObamaCare case at the Supreme Court.
http://frontpagemag.com/2011/10/14/muslims-exempt-from-obamacare/
Muslims Exempt from ObamaCare?
Posted by Eric Burns on Oct 14th, 2011
Are American Muslims exempt from the requirement to purchase health insurance under the individual mandate of the Patient Protection and Affordable Care Act (PPACA)?
There has been a lot of talk, and a number of Internet rumors, to the effect that Muslims are exempt from the PPACA’s individual mandate; that Muslims will get free health care under the PPACA, while the non-Muslim population of the United States will be required to purchase government administered health insurance. Therefore, according to rumor, non-Muslim Americans will be paying for American Muslims’ health care; in other words “dhimmitude.” There is even a rumor that the word “dhimmitude” –used to denote subservience to Islam by non-Muslims, is actually used—on p. 107 of H.R. 3590 of the PPACA bill.
The rumors of free health care for Muslims are based on Shariah law’s prohibition on insurance. Insurance violates the tenets against riba (interest); al-maisir (gambling) and al-gharar (uncertainty). Interest paid on insurance investments violates Shariah’s rules against usury. Thus, under a strict interpretation of the Koran, Muslims are exempt from ObamaCare. However, the talk and the rumors are false—the word “dhimmitude” isn’t used anywhere in H.R. 3590, and depending on how PPACA rules are applied, there is at least an even chance that the scenario of American Muslims being exempt from the requirement to purchase insurance under the individual mandate won’t play out.
To be sure, the PPACA does grant a number of exemptions from the requirement to purchase the “minimum essential coverage.” (Whatever that is — Health and Human Service Secretary Kathleen Sebelius hasn’t yet defined it.) Prisoners, illegal aliens, and foreign nationals are exempt. In addition, there is a religious exemption.
Under Subtitle F, Part I, Section 1501—the individual responsibility requirement to maintain minimum essential coverage—individuals must be “a member of a recognized religious sect” that doesn’t participate in Social Security. According to a January 2011 Heritage Foundation WebMemo, they must pay no Social Security taxes and receive none of the benefits, in accordance with Section 1402(g)(1) of the Internal Revenue Code. The religious exemption applies to any person who is a member of a “recognized religious sect or division” with “established tenets or teachings” that would forbid that person from accepting public or private insurance. Thus the Amish, who
believe in taking care of their own elderly and don’t participate in Social Security, are exempt, as are Mennonites and Scientologists.
END OF QUOTE
And Sweetness and Light had this take on the situation.
http://sweetness-light.com/archive/health-insurance-is-forbidden-under-islam
Islam Q&A: Health Insurance Is ‘Haraam’
Just one of many fatwas on the subject from the holy men at Islam Question and Answer:
Ruling on working in insurance companies or broker companies when insurance becomes obligatory
Health insurance is going to be compulsory for all companies and associations in our country. The insurance company will not have direct relationship with companies or associations, as there will be brokers in between, this is also compulsory.
The question is: What is the ruling on working for these brokers? Its role is basically introducing offers to companies and individuals and dealing with claims.
Praise be to Allaah.
Firstly: 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. See the answer to question no. 39474 and 4210.
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:
1. Commercial insurance contracts are transactions based on probability and extreme ambiguity, because the customer cannot know at the time of signing the contract what he will give or take. He may pay one or two instalments, then calamity may strike and he will be entitled to what the insurer committed to pay. Or no calamity may happen at all, so he pays all the instalments and takes nothing. Similarly the insurer cannot know what he will give or what he will take with regard to any individual contract. In the saheeh hadeeth it says that the Prophet (peace and blessings of Allaah be upon him) forbade ambiguous transactions.
END OF QUOTE
The defeat of ObamaCare may well happen in the Supreme Court although, as Yogi Berra famously said, "It ain't over 'til it's over." I'm no lawyer but I believe there is clearly a basis here for a further religious discrimination case filed by Christians and Jews who would be forced to buy these policies while Muslims could walk away from them. It is, in my opinion, de facto religious discrimination against almost every non-Amish Christian in America. This is also known as living under sharia law. When that case goes to lower courts, Obama will wish for the “good old days” when he only had the current Supreme Court case against his healthcare bill to worry about.
This isn't exactly news, but a number of people have forgotten this (myself included) until Glenn Beck mentioned it on Tuesday while discussing the ObamaCare case at the Supreme Court.
http://frontpagemag.com/2011/10/14/muslims-exempt-from-obamacare/
Muslims Exempt from ObamaCare?
Posted by Eric Burns on Oct 14th, 2011
Are American Muslims exempt from the requirement to purchase health insurance under the individual mandate of the Patient Protection and Affordable Care Act (PPACA)?
There has been a lot of talk, and a number of Internet rumors, to the effect that Muslims are exempt from the PPACA’s individual mandate; that Muslims will get free health care under the PPACA, while the non-Muslim population of the United States will be required to purchase government administered health insurance. Therefore, according to rumor, non-Muslim Americans will be paying for American Muslims’ health care; in other words “dhimmitude.” There is even a rumor that the word “dhimmitude” –used to denote subservience to Islam by non-Muslims, is actually used—on p. 107 of H.R. 3590 of the PPACA bill.
The rumors of free health care for Muslims are based on Shariah law’s prohibition on insurance. Insurance violates the tenets against riba (interest); al-maisir (gambling) and al-gharar (uncertainty). Interest paid on insurance investments violates Shariah’s rules against usury. Thus, under a strict interpretation of the Koran, Muslims are exempt from ObamaCare. However, the talk and the rumors are false—the word “dhimmitude” isn’t used anywhere in H.R. 3590, and depending on how PPACA rules are applied, there is at least an even chance that the scenario of American Muslims being exempt from the requirement to purchase insurance under the individual mandate won’t play out.
To be sure, the PPACA does grant a number of exemptions from the requirement to purchase the “minimum essential coverage.” (Whatever that is — Health and Human Service Secretary Kathleen Sebelius hasn’t yet defined it.) Prisoners, illegal aliens, and foreign nationals are exempt. In addition, there is a religious exemption.
Under Subtitle F, Part I, Section 1501—the individual responsibility requirement to maintain minimum essential coverage—individuals must be “a member of a recognized religious sect” that doesn’t participate in Social Security. According to a January 2011 Heritage Foundation WebMemo, they must pay no Social Security taxes and receive none of the benefits, in accordance with Section 1402(g)(1) of the Internal Revenue Code. The religious exemption applies to any person who is a member of a “recognized religious sect or division” with “established tenets or teachings” that would forbid that person from accepting public or private insurance. Thus the Amish, who
believe in taking care of their own elderly and don’t participate in Social Security, are exempt, as are Mennonites and Scientologists.
END OF QUOTE
And Sweetness and Light had this take on the situation.
http://sweetness-light.com/archive/health-insurance-is-forbidden-under-islam
Islam Q&A: Health Insurance Is ‘Haraam’
Just one of many fatwas on the subject from the holy men at Islam Question and Answer:
Ruling on working in insurance companies or broker companies when insurance becomes obligatory
Health insurance is going to be compulsory for all companies and associations in our country. The insurance company will not have direct relationship with companies or associations, as there will be brokers in between, this is also compulsory.
The question is: What is the ruling on working for these brokers? Its role is basically introducing offers to companies and individuals and dealing with claims.
Praise be to Allaah.
Firstly: 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. See the answer to question no. 39474 and 4210.
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:
1. Commercial insurance contracts are transactions based on probability and extreme ambiguity, because the customer cannot know at the time of signing the contract what he will give or take. He may pay one or two instalments, then calamity may strike and he will be entitled to what the insurer committed to pay. Or no calamity may happen at all, so he pays all the instalments and takes nothing. Similarly the insurer cannot know what he will give or what he will take with regard to any individual contract. In the saheeh hadeeth it says that the Prophet (peace and blessings of Allaah be upon him) forbade ambiguous transactions.
END OF QUOTE
The defeat of ObamaCare may well happen in the Supreme Court although, as Yogi Berra famously said, "It ain't over 'til it's over." I'm no lawyer but I believe there is clearly a basis here for a further religious discrimination case filed by Christians and Jews who would be forced to buy these policies while Muslims could walk away from them. It is, in my opinion, de facto religious discrimination against almost every non-Amish Christian in America. This is also known as living under sharia law. When that case goes to lower courts, Obama will wish for the “good old days” when he only had the current Supreme Court case against his healthcare bill to worry about.
posted by Timothy Birdnow | 4:28 AM
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