Fatwa No : 83028
Having a car repaired through an insurance company

Having a car repaired through an insurance company

Respected Mufti Sahib, Assalamu Alaikum!
Kindly guide us in the matter mentioned below:
(1) The issue is as follows: Zaid’s car collided with Bakr’s car. This accident took place in Dubai. The police conducted an investigation to determine who was at fault. Since the fault lay with Zaid, he was declared responsible. It was decided that Zaid must have Bakr’s car repaired.
(2) Since Zaid had taken out an insurance policy for his car under the condition that if his car causes damage to another person’s vehicle, the repair costs of that vehicle would be covered by the insurance company. Under this arrangement, the insurance company does not hand over the money to either Zaid or Bakr, but instead, directly pays the repair cost to the garage owner who carries out the repairs.
The question is: In the mentioned case, according to the procedure described, is it permissible for Bakr to have his car repaired in this manner? Is it allowed (Shar‘an) or not? If it is not permissible, and Bakr has already had the car repaired, then what is the proper way to rectify the situation?

الجوابُ حامِدا ًو مُصلیِّا ً

According to the mentioned procedure, it is permissible for Bakr to have his car repaired and for the insurance company to pay the repair cost, provided that the amount paid by the insurance company does not exceed the amount that Zaid has already paid as premiums under that insurance policy. However, for the future, Zaid must refrain from taking such impermissible insurance policies.

مأخَذُ الفَتوی

کما قال اللہ تعالیٰ: يَاأَيُّهَا الَّذِينَ آمَنُوا إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالْأَنْصَابُ وَالْأَزْلَامُ رِجْسٌ مِنْ عَمَلِ الشَّيْطَانِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ (المائدۃ: 90 الآیۃ)۔
وفی الشامیۃ: وسمي القمار قمارا لأن كل واحد من المقامرين ممن يجوز أن يذهب ماله إلى صاحبه، ويجوز أن يستفيد مال صاحبه وهو حرام بالنص اھ(6/403)۔