Category: Jurisprudence and Rulings (Fiqh)
Fatwa#: 37941
Asked Country: Australia

Answered Date: Apr 12,2017

Title: Is it Permissible to use the Insurance Payout?

Question

As SalamuAlaykum,

My farther has taken out insurance on my car which is not compulsory It covered my car incase of an accident , I recently had such an accident and am want to know if it is permissable to use the insurance payout

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Apart from any insurance (third party) which is a legal requirement, it is not permissible to take out any car insurance policy. These schemes contain elements of interest [Riba], gambling [Qimar] and deception [Gharar].

If you are paid out, you may only use the sum of your premiums and not more than that.[i] The excess amount should be disposed in charity without the intention of reward.[ii]

And Allah Ta’āla Knows Best

Imran Patel

Student Darul Iftaa

Zambia

 

Checked and Approved by,
Mufti Ebrahim Desai.

 

 

 

 

 



[i]

فتاوى عثماني( ٣/ ٥٤٤-٥٤٥)   مكتبہ  معارف القران

[ii]


وَيَرُدُّونَهَا عَلَى أَرْبَابِهَا إنْ عَرَفُوهُمْ ، وَإِلَّا تَصَدَّقُوا بِهَا لِأَنَّ سَبِيلَ الْكَسْبِ الْخَبِيثِ التَّصَدُّقُ إذَا تَعَذَّرَ الرَّدُّ عَلَى صَاحِبِهِ                

رد المحتار )6 – 385 ) ايج ايم سعيد 

 

احسن الفتاوى – (7/16) - ايج ايم سعيد

 

فتاوى محمودية – (16/381)– دار الافتاء جامعه فاروقية

 

DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.