Darul Iftaa Mahmudiyyah

Claiming from a motor insurance bureau

· 28 Dhuʻl-Qiʻdah 1444 AH1 min readFatwa 47352English

Question

can I claim for damages to my property. someone drove into my wall and ran off. I do not have home insurance, but I am able to make a claim through a motor insurance bureau. Is this permissible

Answer

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In the Name of Allah, the Most Gracious, the Most Merciful.

Respected brother in Islam,

It is permissible to claim for damages from the Motor Insurance Bureau in view of the Bureau’s agreement with the Government to compensate victims of injustice in an accident.[1]

If you are successful in the claim, the pay-out will be regarded as a voluntary compensation (Tabarru’) to you. [2]

And Allah Ta’ala Knows best

Ebrahim Ibn Ahmed Dadan

Student Darul Iftaa
Pietermaritzburg, South Africa

Checked and Approved by,
Mufti Ebrahim Desai.

(2021-03-04)

References (Arabic / Urdu sources)

[1] The motor insurance Bureau’s role is to enter into agreements with the Government as to how compensation claims from people who have been involved in accidents, which were caused by uninsured or untraced drivers, may be compensated. The Untraced Drivers Agreement (hit and run) scheme applies to the victims of hit and run driver accidents. Where the driver deemed to be responsible for an accident, leaves the scene and is not traced. [Wikipedia]

[2]

كتاب النوازل (11/457-458)

احسن الفتاوي (7/25)

فتاوی دار العلوم زکریا، کتاب البیوع (5/443)

فتاوی محمودیة، کتاب البیوع (16/378-379)

اپ کے مسائل اور انکا حل (6/248)

Contemporary Fatawa by Mufti Taqi, pg. 188

Answered by
Ebrahim Ibn Ahmed Dadan
Checked & approved by
Mufti Ebrahim Desai
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/47352
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