The compliance of healthcare privatisation with sharia and Saudi law: the 2030 Saudi vision for health

Saudi law, which is based on Sharia, considers healthcare provision a government obligation. Despite this obligation, and Sharia scholars'opinion against privatisation, the new 2030 Vision will privatise Saudi healthcare. This thesis argues that Sharia scholars have defined privatisation too narrowly, considering only one arrangement and neglecting other privatisation models which can be identified as Sharia compliant. The thesis will consider the basis for state provision of healthcare in Sharia law, define Sharia compliance in the context of healthcare, and highlight the limitations of Sharia scholarship on privatisation. This thesis argues that some healthcare privatisation models such as outsourcing and financial privatisation are Sharia compliant. The thesis also considers how in conditions of need, such as financial crises, some forms of privatisation may be considered exceptionally compliant with Sharia in order to ensure the Sharia obligations are maintained. This thesis engages with Sharia scholarship on Takaful, an Islamic joint guarantee system, specifically the Saudi Cooperative Health Insurance for Foreign Workers. Understanding Takaful showcases how some models of privatisation could be arranged and adopted in a Sharia compliant manner.