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Claiming from the RAF (Road Accident Fund)

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I was im the process of starting a business, a holding company with 6 subsidiaries. The same day as I was to sign the lease for the office and factory space, I was involved in a major car accident. I was admitted to hospital and undergone major surgery. I’m about to claim from the RAF and my concern is can I claim for loss of income? The company was not operational at the time however I’ve been out of operation before and after the operation from 15102016 to 13122016 and then it was December and I will be restarting my work from this week or you can safely say from the end of this month so I had a 34 month delay. The question is it permissible for me to claim loss of income for this period that my operation was delayed by?

Bismillaah

A: You do not have the right to claim for this, however if the RAF financially assists you, you can accept their assistance.

And Allah Ta’ala (الله تعالى) knows best.

(Scroll down for more information regarding this question)

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)


Q: The RAF may only assist you financially once you have made a claim. How does one thus benefit from his capital contributions made top RAF if he does not have a right to claim ?

Bismillaah

A: He can claim for the damages caused through the accident as well as the medical and hospital expenses incurred. If the RAF assists him over and above this, it will be permissible for him to accept their assistance.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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