Is Investigating an Accident on Behalf of an Insurance Company a Lawful Job

CategoriesTrade, Business & All Things Money [454]

Fatwa ID: 04878 

 

Answered by: Mufti Mohammed Tosir Miah

 

Question

 

Is investigating an accident on behalf of an insurance company a lawful job?

 

 

In the name of Allah, the Most Gracious, the Most Merciful

 

Answer

 

Briefly, it should be understood that all types of insurances are impermissible for three reasons: 

  1. Interest/ Usury
  2. There is an element of deception
  3. Qimar (gambling)

 

The reason for it being interest is that insurance is the sale of money for money of a greater or lesser amount with a delay in one of the payments. Insurance companies take people’s money and promise to pay them more or less when an accident happens. This is riba, which is haram in Islam. (Hujjatullahi Baaligah p.98 v.2)

 

In the Holy Quran Allah (SWA) has said: “Allah has permitted transactions and has forbidden riba” (Surah Al Baqarah v.275)

 

The Prophet of Allah (Sallallahu Alahi Wasalam) has cursed the person who takes interest, who gives interest and who writes it and who witnesses it.” (Mishkaatul-Masabeeh p.244 v.1)

“To take dirham of interest knowingly is worse than committing adultery 36 times.” (Mishkaatul-Masabeeh p.246 v.1)

 

Also in insurance policies, there is an element of deception, which Islamically, is termed as garar.

  1. The amount to be paid is unknown
  2. The time it will occur is also unknown.

 

The Prophet of Allah (Sallallahu Alahi Wasalam) has forbidden deception and uncertainty in transactions. (Sunan Tirmizi p.233 v.1)

 

All forms of insurances are based on uncertainty. The reason why you are being insured must have a possibility of happening or not happening. For example, when an accident happens and the extent of the damage caused.

 

Finally, the third reason for it being impermissible is because there is an element of qimar (chancing). Insurance policies require payment of money, thereafter if the following mishaps were to occur, payment will be made. This is pure gambling, thus forbidden in Islam.

 

The definition of Gambling as stated in Raddul Muhtar;

“Gambling is dealing in which there is a chance of gain and loss. (P577 V.9)

 

In the aforementioned scenario, the nature of your job i.e. investigating the accident and surveying the loss in itself is permissible. However, the impermissibility and unlawfulness come with regards to your salary. The money from insurance companies is unlawful and they are going to be used for your salary.

 

Therefore, the conclusion we can come to is that it is not permissible to work for this insurance company. We as Muslims have to make sure our jobs and salary are 100% lawful.

 

Saiduna Abu Hurayah (RA) narrates that the Prophet of Allah (SAW) said: “Allah is pure and accepts only that which is pure. Allah has commanded the faithful to do that which he commanded the messengers.” And Allah (SAW) has said: “o you who believe! Eat of the pure things and do right.” Allah (SAW) has said: “oh you who believe! Eat of the pure things we have provided you.” Then the Prophet of Allah (SAW) mentioned a man who journeyed far and disheveled and dusty and spends out oh his hand to the Heavens: “O Lord! O Lord! While his food is unlawful, and he is nourished unlawfully, so how can his dua be answered!” (Sahih Muslim)

 

From this Hadith, we can understand that unlawful income does have an effect on one’s worship and acceptance of ones duas.

 

Saaiduna Abu Bakr Radiallahu Anhu narrated that the Prophet of Allah Sallallahu Alahi Wasalam said “That body will not enter Paradise which has been nourished with Haram” (Sunan Baihaqi)

 

Saaiduna Ka`b Bin Ujrah narrates that the Prophet of Allah Sallallahu Alahi Wasalam said, “A body nourished with Haram will not enter Jannah”. (Sunan Tirmizi)

 

Saaiduna Jabir Bin Abdullah Radiallahu Anhu narrates that the Prophet of Allah Sallallahu Alahi Wasalam said, “That flesh will not enter Paradise which has grown from Haram, and all that flesh which has grown from Haram, the fire (of hell) is more worthy of it.” (Musnad Ahmad, Sunan Darimi & Sunan Baihaqi)

 

It will be necessary for you to look for a halal job and when that is possible it will be necessary for you to leave that job. Until then you can work there and seek Istighfaar and repentance from Allah. (Jadeed Muamalat Ke Sharee Ahkaam p.176 v.1)

 

 

Only Allah Knows Best

Written by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

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