Car Insurance in Islamic Law
FAQs: Car Insurance in Islamic Law
Question:
Ustadz, I am an owner of car rental, in buying my car insurance from the car in one package. And after a few months later, I was required to pay the insurance each month. My question is:
1. Is the vehicle insurance law in Islam? Wrote that should not be elegant and what is allowed?
2. In this case, because it is a package with the purchase of a car and I already pay. Are we allowed to claim or take the insurance money in case of a car accident?
Answer:
Bismillahirrahmanirrahim. Praise be to Allah, Lord of the Worlds. Blessings and greetings may always to the Prophet sallallaahu 'alaihi wa sallam, his family, his companions, as well as people who follow the prompts until the Day of Resurrection.
Insurance in Islamic jurisprudence known as At-Ta'min. In an age now, insurance circulating in the community that many forms, among which are at-ta'min at-tijari (business insurance or commercial insurance). Insurance of vehicles such as cars or otherwise included in this type of insurance.
Preview this insurance system is the customer to pay a certain nominal to the company / insurance agencies each month or year or any order or in accordance with the provisions of the collective agreement in the event of damage or accident, then the insurance institution to bear the entire cost of damages. If nothing happened then the deposit continues to run and become the property of the insurance institution.
The purpose of this type of insurance is pure business, because it was established in order to make profits. In summary, people who twisted this insurance will face a gamble with two possibilities: profit or loss.
This kind of insurance law with all its form is forbidden, both life insurance, property, cars or other vehicles, trade, homes, land, or one organ of the body, good insurance against fire, theft or accident. Because, all contain usury, gambling, and gharar (uncertainty). This opinion is an agreed majority of scholars in the Majlis al-Majma 'al-Fiqhi held in Makkah Al-Mukarramah with decision no. 5 on 4 Rabi H. End of 1397 Also listed in Darul fatwa Ifta 'in Egypt. Including the opinion illicit this type of insurance is also a Permanent Committee for Fatwa and Discussion on Scientific Affairs Kingdom of Saudi Arabia, and Rabithah 'Alam Islami, as well as Islamic institutions, whether in the Arab world, as well as international.
Here we mention some of the arguments of the scholars who forbid insurance business:
1. Akad insurance business including the sale and purchase agreement is speculation that contain elements of gharar (uncertainty). Because while the contract lasts, people who get insurance can not know the amount of money to be deposited and the amount he claims he will receive. He could have paid the deposit once or twice, then an accident, so he is entitled to submit claims to insurance firm commitment. And maybe never did any accident occur, so that the person requesting the insurance pay the entire deposit, without getting any. Likewise, insurance companies can not determine the number of claims that should he wish to pay and the amount of deposit will he receive, when examined from each contract separately. In fact, in a saheeh hadeeth mentioned the prohibition of the Prophet sallallaahu 'alaihi wa sallam for sale and purchase of which is gharar.
2. Akad business insurance is a form of gambling. Because, in it contains the element of chance in terms of exchange of property, and there is a loss without any errors or any actions, and it also has benefits without compensation or with compensation that is not commensurate. Due to new customers sometimes pay some deposit insurance, then there was an accident, so that insurance companies bear the entire cost of the claim. And may not be an accident, so at that time the company managed to dredge the entire deposit customer without spending any compensation at all. And if the contract contains elements of real obscurity like that, then that is what is called gambling, and enter the generality prohibition of gambling mentioned in the word of Allaah (which means), "O ye who believe, real wine, gambling, sacrifice to idols, gambled the fate of the heinous act, including acts devil, then shun acts that so that you get lucky. "(Surat al Maidah: 90)
3. Business insurance contract contains elements of usury Fadhl (usury commerce) and usury nasi'ah (delay), because if the insurance company pays for clients, heirs, or those who take advantage of it to get more money from the money he paid, then it is usury Fadhl. And if the insurance company gives money to the amount he has paid his client after a grace period elapsed from the time contracts had been signed, then it is usury nasi'ah only. And both usury is forbidden by the proposition syar'i and consensus' (agreement scholars).
4. Akad business insurance includes bets are forbidden. Because, both sides contain elements of uncertainty, chance, fate and gambled. In fact, the Shari'a does not allow betting, except in defense of Islam and raise the flag with hujjah and weapons. The Prophet sallallaahu 'alaihi wa sallam has limited rukhshah (legal relief) bet treasure only in three cases, as set out in his words, "Not allowed to bet in the race except in the (race) riding a camel racing, throwing the spear, and horse racing. "While insurance is not included in the above matters and do not like it at all. Thus, the law is unlawful.
5. Business insurance contract contains elements of taking someone else's property without compensation. While taking someone else's property without compensation in the sale and purchase agreement, including unlawful. This is contained in the word of Allah, the Exalted generality (which means), "O those who believe, do not you eat your fellow property in ways that false, except by way perniagan with the principle of consensual among you." (Surah An-Nisa ': 29).
6. In the business of insurance contract contained pengharusan something not required in the Shari'a, because the insurance company never did any adverse action, nor the cause of the loss. Insurance companies just do the contract with the client to ensure the loss if it happens, in exchange for deposits paid by clients to him, while the insurance company never did any work for the party requesting the insurance. Thus, this action is forbidden. (See the book Fatawa al-Fiqh wa Buyu 'thing. 227 and so on).
As for relating to people who already are involved in an insurance contract business, then here are a few circumstances:
a. If he does not know the laws according to sharia, then he is not innocent, either when he is depositing or receiving money compensation from the insurance company. But if he has to know the laws, and forbidden for him to deposit or receive compensation from the company, because included in the category of helping in sin and enmity and eat someone else's property in a way that vanity which God has forbidden. (See QS. Al-Maidah: 2, and QS. An-Nisa ': 29).
b. If he had known keharamannya, but he was forced or obliged by the government and there is no alternative but to do so, then according to Shaykh al-Albani rahimahullah that such a tax is included in the category (which is levied by the government by force) which is basically not prescribed. And he escape responsibility before God and not entitled to sin and punishment. (See Al-Hawi min Fataawa ash-Shaykh al-Albani, p.. 415).
c. If he already knows is haraam, and still bermuamalah with the insurance company with his own choice without any coercion, then he is sinning and must repent to Allah with repentance Nasuha. Shaykh Al-Albani says, "As for insurance on his own choice that he try to achieve it should not (haram) in Islam, because the entry in the category of gambling." (Fatawa ash-Shaykh al-Albani, p.. 363)
And if he had received compensation money from the insurance company, then he should mensedekahkan benefits to the poor or it passes to the things that contain the common good to the Muslims, and he was obliged to come out or not may bermuamalah with the insurance company .
When asked about people who already paid the money or receive compensation from insurance companies, the Permanent Committee for Fatwa and Discussion on Scientific Affairs of the Kingdom of Saudi Arabia stated, "The customer should take the nominal money which he had deposited into the insurance company. The rest was her charity to the poor or she spend another sides benefit and he should get out of the insurance company. "
Shaykh Abd Al-'Adni said, "When business people and wealthy are forced to bermuamalah with insurance companies by the parties that it is impossible for them to confront or deny the request, so that they deposit and bermuamalah with these companies, then the sin is borne by the party the force. But when the disaster happened they should not be accepted, unless they have deposited par. "
Thus we can state the answer. If true then it comes from God alone. And if there is a mistake then it is from ourselves and from our personal syetan.Wallahu Shawab knows best-bish.
Author: Ustadz Muhammad Wasitho, Lc (Entrepreneur Magazine Expert Staff Sharia Muslims) translated into english using google translate and published again by http://u-smartinsurance.blogspot.com
Question:
Ustadz, I am an owner of car rental, in buying my car insurance from the car in one package. And after a few months later, I was required to pay the insurance each month. My question is:
1. Is the vehicle insurance law in Islam? Wrote that should not be elegant and what is allowed?
2. In this case, because it is a package with the purchase of a car and I already pay. Are we allowed to claim or take the insurance money in case of a car accident?
Answer:
Bismillahirrahmanirrahim. Praise be to Allah, Lord of the Worlds. Blessings and greetings may always to the Prophet sallallaahu 'alaihi wa sallam, his family, his companions, as well as people who follow the prompts until the Day of Resurrection.
Insurance in Islamic jurisprudence known as At-Ta'min. In an age now, insurance circulating in the community that many forms, among which are at-ta'min at-tijari (business insurance or commercial insurance). Insurance of vehicles such as cars or otherwise included in this type of insurance.
Preview this insurance system is the customer to pay a certain nominal to the company / insurance agencies each month or year or any order or in accordance with the provisions of the collective agreement in the event of damage or accident, then the insurance institution to bear the entire cost of damages. If nothing happened then the deposit continues to run and become the property of the insurance institution.
The purpose of this type of insurance is pure business, because it was established in order to make profits. In summary, people who twisted this insurance will face a gamble with two possibilities: profit or loss.
This kind of insurance law with all its form is forbidden, both life insurance, property, cars or other vehicles, trade, homes, land, or one organ of the body, good insurance against fire, theft or accident. Because, all contain usury, gambling, and gharar (uncertainty). This opinion is an agreed majority of scholars in the Majlis al-Majma 'al-Fiqhi held in Makkah Al-Mukarramah with decision no. 5 on 4 Rabi H. End of 1397 Also listed in Darul fatwa Ifta 'in Egypt. Including the opinion illicit this type of insurance is also a Permanent Committee for Fatwa and Discussion on Scientific Affairs Kingdom of Saudi Arabia, and Rabithah 'Alam Islami, as well as Islamic institutions, whether in the Arab world, as well as international.
Here we mention some of the arguments of the scholars who forbid insurance business:
1. Akad insurance business including the sale and purchase agreement is speculation that contain elements of gharar (uncertainty). Because while the contract lasts, people who get insurance can not know the amount of money to be deposited and the amount he claims he will receive. He could have paid the deposit once or twice, then an accident, so he is entitled to submit claims to insurance firm commitment. And maybe never did any accident occur, so that the person requesting the insurance pay the entire deposit, without getting any. Likewise, insurance companies can not determine the number of claims that should he wish to pay and the amount of deposit will he receive, when examined from each contract separately. In fact, in a saheeh hadeeth mentioned the prohibition of the Prophet sallallaahu 'alaihi wa sallam for sale and purchase of which is gharar.
2. Akad business insurance is a form of gambling. Because, in it contains the element of chance in terms of exchange of property, and there is a loss without any errors or any actions, and it also has benefits without compensation or with compensation that is not commensurate. Due to new customers sometimes pay some deposit insurance, then there was an accident, so that insurance companies bear the entire cost of the claim. And may not be an accident, so at that time the company managed to dredge the entire deposit customer without spending any compensation at all. And if the contract contains elements of real obscurity like that, then that is what is called gambling, and enter the generality prohibition of gambling mentioned in the word of Allaah (which means), "O ye who believe, real wine, gambling, sacrifice to idols, gambled the fate of the heinous act, including acts devil, then shun acts that so that you get lucky. "(Surat al Maidah: 90)
3. Business insurance contract contains elements of usury Fadhl (usury commerce) and usury nasi'ah (delay), because if the insurance company pays for clients, heirs, or those who take advantage of it to get more money from the money he paid, then it is usury Fadhl. And if the insurance company gives money to the amount he has paid his client after a grace period elapsed from the time contracts had been signed, then it is usury nasi'ah only. And both usury is forbidden by the proposition syar'i and consensus' (agreement scholars).
4. Akad business insurance includes bets are forbidden. Because, both sides contain elements of uncertainty, chance, fate and gambled. In fact, the Shari'a does not allow betting, except in defense of Islam and raise the flag with hujjah and weapons. The Prophet sallallaahu 'alaihi wa sallam has limited rukhshah (legal relief) bet treasure only in three cases, as set out in his words, "Not allowed to bet in the race except in the (race) riding a camel racing, throwing the spear, and horse racing. "While insurance is not included in the above matters and do not like it at all. Thus, the law is unlawful.
5. Business insurance contract contains elements of taking someone else's property without compensation. While taking someone else's property without compensation in the sale and purchase agreement, including unlawful. This is contained in the word of Allah, the Exalted generality (which means), "O those who believe, do not you eat your fellow property in ways that false, except by way perniagan with the principle of consensual among you." (Surah An-Nisa ': 29).
6. In the business of insurance contract contained pengharusan something not required in the Shari'a, because the insurance company never did any adverse action, nor the cause of the loss. Insurance companies just do the contract with the client to ensure the loss if it happens, in exchange for deposits paid by clients to him, while the insurance company never did any work for the party requesting the insurance. Thus, this action is forbidden. (See the book Fatawa al-Fiqh wa Buyu 'thing. 227 and so on).
As for relating to people who already are involved in an insurance contract business, then here are a few circumstances:
a. If he does not know the laws according to sharia, then he is not innocent, either when he is depositing or receiving money compensation from the insurance company. But if he has to know the laws, and forbidden for him to deposit or receive compensation from the company, because included in the category of helping in sin and enmity and eat someone else's property in a way that vanity which God has forbidden. (See QS. Al-Maidah: 2, and QS. An-Nisa ': 29).
b. If he had known keharamannya, but he was forced or obliged by the government and there is no alternative but to do so, then according to Shaykh al-Albani rahimahullah that such a tax is included in the category (which is levied by the government by force) which is basically not prescribed. And he escape responsibility before God and not entitled to sin and punishment. (See Al-Hawi min Fataawa ash-Shaykh al-Albani, p.. 415).
c. If he already knows is haraam, and still bermuamalah with the insurance company with his own choice without any coercion, then he is sinning and must repent to Allah with repentance Nasuha. Shaykh Al-Albani says, "As for insurance on his own choice that he try to achieve it should not (haram) in Islam, because the entry in the category of gambling." (Fatawa ash-Shaykh al-Albani, p.. 363)
And if he had received compensation money from the insurance company, then he should mensedekahkan benefits to the poor or it passes to the things that contain the common good to the Muslims, and he was obliged to come out or not may bermuamalah with the insurance company .
When asked about people who already paid the money or receive compensation from insurance companies, the Permanent Committee for Fatwa and Discussion on Scientific Affairs of the Kingdom of Saudi Arabia stated, "The customer should take the nominal money which he had deposited into the insurance company. The rest was her charity to the poor or she spend another sides benefit and he should get out of the insurance company. "
Shaykh Abd Al-'Adni said, "When business people and wealthy are forced to bermuamalah with insurance companies by the parties that it is impossible for them to confront or deny the request, so that they deposit and bermuamalah with these companies, then the sin is borne by the party the force. But when the disaster happened they should not be accepted, unless they have deposited par. "
Thus we can state the answer. If true then it comes from God alone. And if there is a mistake then it is from ourselves and from our personal syetan.Wallahu Shawab knows best-bish.
Author: Ustadz Muhammad Wasitho, Lc (Entrepreneur Magazine Expert Staff Sharia Muslims) translated into english using google translate and published again by http://u-smartinsurance.blogspot.com
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