Series of Answers by the Eminent Scholar Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut-Tahrir, to the Questions of the Visitors to his Facebook Page "Fiqhi"
Answer to a Question To: Abdullah M Alheeh
Question:
Assalamu Alaikum Wa Rahmatullahi Wa Barakatuh... Peace be upon our brothers, and peace be upon you, our Ameer. May Allah grant you mercy, success, and support from Him for you and those with you... To proceed:
I have a question, and I would appreciate a prompt reply due to its urgency.
I specialize in medical analysis, and to obtain a license to practice the profession, I am required to adhere to certain rules and regulations. Some are acceptable, while others are objectionable, which has led to a conviction within me regarding the prohibition of participating in them—I mean some of the rules and things I must do to be a member of the Medical Laboratory Syndicate in "Palestine." My question concerns the social solidarity system (takaful) within the syndicates. Whenever a member of my syndicate passes away, the syndicate collects an amount of at least ten dinars from each member to pay to the deceased member's family. The syndicate obliges those who fail to pay to settle the amount; otherwise, their membership, which is renewed annually, will not be renewed. Note that they have informed the members that they have obtained a fatwa regarding this matter, stating that this process is permissible and there is no prohibition in it. Please respond quickly, and let the answer be accompanied by evidence. Thank you.
Answer:
Wa Alaikum Assalamu Wa Rahmatullahi Wa Barakatuh,
The Party issued an answer to a question in the early seventies regarding the impermissibility of joining professional associations (syndicates).
However, if the laws of the state do not permit professionals to work in their profession unless they are affiliated with their syndicates, then affiliation with the syndicate in this case is equivalent to obtaining a license to work, just like a merchant obtaining a license to open his store, etc. Obtaining a license is permissible if the laws of the state mandate it.
Accordingly, it is permissible to join the syndicate in this case—that is, for the purpose of being allowed to work in one’s profession—on the condition that the affiliation is limited to obtaining the registration and membership papers, without participating in its meetings or elections...
Nevertheless, interacting within the syndicate environment through effective live contact and building productive relationships with its boards and members—even if the member is not subscribed to the syndicates—all of this falls under the category of regular and even important contacts that the Shabab must carry out with seriousness and diligence.
Based on the above... since donating this amount voluntarily is permissible in principle, the issue lies in the compulsion according to the syndicate's bylaws...
If your continuation in your work is conditional upon joining the syndicate, and this necessitates paying that solidarity (takaful) amount, otherwise your membership in the syndicate will not be renewed and consequently you will not be able to work in your profession...
If the matter is as described, then it is permissible for you to pay it because it is one of the requirements of the license.
Your brother, Ata Bin Khalil Abu Al-Rashtah
24 Jumada al-Ula 1438 AH Corresponding to 21/02/2017 CE
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