I am a medical practitioner and was contracted to a medical scheme for 5years. Last year, I terminated the contract. Subsequently, the medical scheme became insolvent.

Some of my patients who were also contracted to the scheme refuse to pay me for services rendered to them, they state that the scheme is responsible to pay me. Is that correct?




Answer

According to the Shari?ah, the contractual agreement with you and your
patients and the medical scheme is termed as Hawalah (transferral of debts).
Therefore, in principle, the medical scheme is responsible in paying any
outstanding debt incurred during the contractual period among the three
parties. However, only those patients will be indebted to you directly at
the time when the contract terminated with the scheme. Consequently, since
the medical scheme is under liquidation, you may claim for outstanding
amounts directly from the patients. The patients are duty bound to pay for
the services rendered to them. (Shaami vol.5 pg.348; Tijaariyyah)

Mufti Ebrahim Desai

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