Question Summary:
One accident happened to my car. Then insurance claim department arrived and found mistake in both vehicles. I have only the third party insurance which is compelled by the government. Question Detail:
One accident happened to my car. Then insurance claim department arrived and found mistake in both vehicles. I have only the third party insurance which is compelled by the government.
So I could approach to his (other car owner who hit to my car) Insurance company for the claim. For the above task I have to arrange 3 quotes and one will be accept in insurance company and they will give some percentage of amount as claim in latter
I don’t have any idea in for amount the work shop quote for repair . Most probable it will be higher and this is the custom they used. And I didn’t say anything to the workshop related to quote amount .
So question is
· This claim is halal for me
· If yes, May be the claim amount will be higher or lower. Is Higher rate is acceptable? What I should do in surplus amount if I received. Example: if total expenses in the work shop are $1000 and allotment from the insurance company is $2000. Could I use balance for my personnel use?
I understand that all insurance are HARAM even third party vehicle insurance also. If so what is alternative solution for you in the view of Islam. Because the accident will happen in the Islamic Country and it may not be the mistake of the owner or somebody made accident intentionally also. if though should owner suffer all the claim of an accident
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In the name of Allāh, Most Gracious, Most Merciful
Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh
All types of car insurance are harām whether it is third party insurance or comprehensive insurance as it involves interest and gambling. If, however, one is obliged by the law of the country to do so, then he will be excused.
(Aap Ke Masāil, Vol.6, Pg.248, Maktaba Ludhyānwi)
It will not be permissible to lay claim for more than the amount of damages incurred. However, if the insurance company chooses to pay you more than the incurred losses, it will be permissible for you to accept it as it was voluntarily offered by the company.
And Allāh Ta῾āla Knows Best
Wassalāmu ῾alaykum
Ml. Abdur Rahman Shareef,
Student Dārul Iftā
Checked and Approved by:
Mufti Ebrahim Desai
Dārul Iftā, Madrasah In῾āmiyyah
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