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Insurance Claims By Justice Mufti Taqi UsmaniInsurance Claims by Mufti Taqi Usmani

Monday, 12 December 2011 20:53

Written by Admin

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A.) Although all of the conventional schemes of insurance violate certain injunction of Shariah and are therefore not permissible. However, if a Muslim is obligated by the law to have an insurance cover, it is permissible for him to have insurance up to the minimum level required by law. Since the third party insurance is obligatory by the law in most of the countries this has been allowed by the Shariah scholars but if full comprehensive insurance is cheaper than the third party insurance and it can fulfill the requirement of law and after that one does not need to enter into a third party insurance then it will be permissible to have full comprehensive insurance to meet the requirement of law. But two points must be kept in mind in this respect: First, merely on the ground that the full comprehensive insurance is cheaper, both kinds of insurance cannot be held simultaneously if the law does not require so. Second, in case the full comprehensive insurance is undertaken to meet legal requirement and the insured person is offered a compensation only to the extent of the total premium he paid to that company so far (it may include the premium to the same company with regard to some other items also) and the rest of the compensation must be given in charity.

If the car of a person is destroyed by a wrongful act of another person the owner of the car is entitled to receive the full market value of the car and not only the original cost of the car, but this market price is the liability of the person whose wrongful act caused the accident. Therefore, it is advisable that the aggrieved person receives the compensation from the owner of the car and not from the insurance company. But if it is not possible for some legal procedures in a country and the amount of compensation is paid by the insurance company directly to the aggrieved person and not to the insured person, the aggrieved person can also avail of this compensation.

 

Article taken (with Thanks) from Albalagh.net