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Claiming for Personal Injury Cover

Answered according to Hanafi Fiqh by DarulIftaBirmingham


Answered by:  Alimah Nasima Umm Hamza​


Question:


Assalamu Alaikum Wa Rahmatullah


Is it okay to claim for personal injury from the insurance company if an accident happens with the mistake of my husband who was driving the car at the time of the accident?


 


Answer:


In The Name Of Allah, The Most-Merciful, The Most Kind


Insurance companies sometimes include personal injury cover as part of their insurance cover, and sometimes it can be included for an extra fee. When a person at fault wishes to make a personal injury claim, they would then have to make a claim from their own insurance company directly.


From a Shariah perspective, all forms of insurance is haram, because of elements of interest and gambling involved. However, contemporary scholars, such as Mufti Taqi Usmani, have permitted taking out a policy which covers you for the minimum cover required by the law of the land.


In the case of a claim, only the amount which was paid as part of the insurance premium to that company can be taken, and the remainder will be given to charity.


Please see the following link for additional details:


http://daruliftabirmingham.co.uk/personal-injury-compensation/


 


Only Allah (SWT) knows best


Answered By Alimah Nasima Umm Hamza


Checked and approved by Mufti Mohammed Tosir Miah


Darul Ifta Birmingham


 


 


This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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