Health Insurance

Question

Asalaamualaikum,
Given the current situation in the USA, what is the ruling concerning health insurance? Please consider the facts/queries below:
1) It is uncertain whether the Affordable Care Act (Obama Care) will be repealed or it will stay. Until 2017 there was a penalty for not taking health insurance but that may change in the future.
2) If a person is a business owner and can show more income in the business to reduce personal income, can he do so to qualify for Medicaid? If the government makes you pay for part of the coverage each month is it still permissible?
3) Is it permissible to purchase insurance from any provider just to cover medical expenses regardless of what the law states?
What is the preferred action for Muslims to take in these situations where health care is a necessity but, by default, purchasing insurance is haram?
JazakAllah Khair

Shariah Board of America · Accepted Answer

Under such compulsions there is permission to have medical insurance, however, it&rsquo;s necessary to make sure of three things:

The least should be subscribed to, per necessity.
Most of the assets of the company should be Halal.
If the person concerned can afford then he/she should give in Sadaqah extra amount in addition to the premium he pays for the health insurance without the intention of reward.
To receive the benefit of Medicaid by showing less income is not permissible as it is based on lying and cheating.

یجوز التامین الاجباری  او الالزامی الذی تفرضہ الدولۃ لانہ بمثابۃ دفع صربیۃ للدولۃ(الفقہ الاسلامی وادلتہ:۵/۳۴۲۲ )
واللہ اعلم بالصواب
 Fatawa ID: 292