Skip to comments.Amish, Muslims to be excused from Obamacare mandate?
Posted on 08/09/2010 8:23:26 AM PDT by COUNTrecount
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 exempt. 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):
Firstly: Commercial insurance of all types is haraam because it involves ambiguity, riba, uncertainty, gambling and consuming people's wealth unlawfully, and other shar'i
Secondly: It is not permissible for the Muslim to get involved with insurance companies by working in administration or otherwise, because working in them comes under the heading of cooperating in sin and transgression, and Allaah forbids that as He says: "but do not help one another in sin and transgression. And fear Allaah. Verily, Allaah is Severe in punishment"
[al-Maa'idah 5:2]. End quote.
reservations. And Allaah knows best.
So, it turns out that observant Muslims are not only strictly forbidden from buying any health insurance under the ObamaCare mandate, but may also not even work for any company that provides such insurance or any other form of commercial insurance.
It is not made clear whether or not it is religiously okay to accept "free" non-insured medical care such as that offered in hospital ERs and to some who are covered by Medicaid.
Whether it's all right to serve as a doctor, nurse, or orderly caring for patients whose medical services are being paid for by insurance is not covered in the present response - but one could probably obtain a religious ruling from the Sheikh, whose site welcomes the submission of questions about Islamic law and practices.
WordWayze is the nom de plume of a freelance writer and political pundit who would prefer not to become the object of any attention such has been paid to the Mohammed cartoonists of Denmark and others.
I never realized how Amish I was before... imagine that
I guess everybody could just go claim they object on the basis that it is haram. Make the government prove otherwise.
If I didn’t know better...I would think this bill is designed to convert Americans to muslim or amish.
May even grow a beard...
politics does indeed make strange bedfellows.
That’s always sort of interested me.
Why should religion exempt someone (even the Amish) from our laws?
If my religion says it’s ok to sacrifice virgins, should that be tolerated?
Waht about the Mormons and bigamy?
This would be a great basis for declaring the whole bill unconstitutional!
I want a Catholic exemption because Obamacare covers aborition and euthenasia!!!!
I hadn’t read about the exemption for haraam, but did read that a person who adheres to “faith healing” is exempt.
This was a real hot topic.
Couldn’t conservative construct a sound theological argument for opposition to a socialized healthcare system and also be exempt?
Without out stretching, they could argue based on the components of abortion, euthanasia, and privacy issues.
Can we make FReeping a religion?
. . . . guess we’re all gonna have to start sporting beards as our first defence against Bamstercare .
“Can we make FReeping a religion?”
Religion gives you a day of rest - FR doesn’t.
Are followers of the constitution exempt?
The content of Obamacare is irrelevant! Any federal version of health care is unconstitutional on its face since Article 1 Section 8 of the Constitution does not specifically list regulating health care as an enumerated power! The people are not bound to comply with an unconstitutional act!
Suspect just getting more voters.
It's a bit of a patchwork, but goes back to honoring the pacifism of Quakers as against the power of the state to compel militia duty, and now, the draft.
As you point out, other religious practices (polygamy, human sacrifice) do not obtain protection. Since the government makes the laws, it gets to pick where it draws the line. Some religions are exempt from drug laws (indians can eat magic mushrooms and cactus), tax laws attempt to avoid houses of worship, etc.
I find the area of government vs., religion to be one of the most fascinating to study (reading the cases) because the ultimate rationale for the decisions are telling of cultural bias.
What about Christian Scientists? They refuse to use all medicine due to religious beliefs.