Mandatory car insurance
Question
I live in a country where car insurance is mandatory, without which one cannot drive and get anywhere. Out of necessity we got a car insurance.
Recently, my mother got in a car accident (it was not her fault, she was hit from behind) and was injured (she has a concussion and pain in her head). Per the insurance rules, she was to be given treatments (physiotherapy and so on) as well as compensation money due to her injury. The insurance company did not give her the compensation money or pay for her treatment costs completely. She wasn't event told she could receive compensation.
Later, she talked to a lawyer who was introduced by her friend who told her about it. Now she is making a claim against the insurance company to receive proper treatments (with all costs covered) as well as compensation money.
Is this compensation money halal to use?
Answer
Since car insurance is mandatory from the side of the government, it is permissible for her to take out car insurance as well as claim from the insurance company at the time of an accident. However, it is only permissible for her to take back the amount she paid to the insurance company in her monthly premiums.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Zakaria Makada
- Checked & approved by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/24919
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-24919
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Ibn Masood · 392 fatawa from 7 Darul Iftas on this
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“If taking out car insurance in your country is mandatory from the side of the government, it will be permissible for you to take out car insurance as well as claim from the insurance company at the time of an accident.”
Mufti Online · 65 fatawa from 4 Darul Iftas on this
What the Darul Iftas say