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Can we have insurance to save ourselves from law suits?

Answered as per Hanafi Fiqh by ShariahBoard.org

I am an orthopedic surgeon. We get cases filed against us in the name of negligence. We may have to pay a big amount if we lost in the court. There are lot of companies who take care of this problem (they will take care of the expenses for the case and compensation amount if need to pay) if we are ready to pay 2000 Indian Rupees every year to the company.

If this type of situation presents itself often (i.e. many people sue their physicians in your particular specialty)
then, in order to protect oneself, it is permissible to take insurance. The scholars are of this opinion about insurance that if there is a dire necessity, and it is difficult to live productively without it, then there may be a concession in allowing it. If there is no dire need or difficulty then insurance is not allowed. Thus, in situations similar to yours a necessity can be understood if people file suit often or there are large amounts of payments that have to be reimbursed, then in to protect oneself it can be permissible.

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This answer was collected from Shariahboard.org. It was established under the supervision of the eminent faqih of our era, Hazrat Shah Mufti Mohammed Navalur Rahman damat barakatuhum.

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