Fatwa ID: 03065

Answered by:  Alimah Nasima Umm Hamza​

Question:

Assalamu Alaikum Wa Rahmatullah

Is it okay to claim for personal injury from the insurance company if an accident happens with the mistake of my husband who was driving the car at the time of the accident?

Answer:

In The Name Of Allah, The Most-Merciful, The Most Kind

Insurance companies sometimes include personal injury cover as part of their insurance cover, and sometimes it can be included for an extra fee. When a person at fault wishes to make a personal injury claim, they would then have to make a claim from their own insurance company directly.

From a Shariah perspective, all forms of insurance is haram, because of elements of interest and gambling involved. However, contemporary scholars, such as Mufti Taqi Usmani, have permitted taking out a policy which covers you for the minimum cover required by the law of the land.

In the case of a claim, only the amount which was paid as part of the insurance premium to that company can be taken, and the remainder will be given to charity.

Please see the following link for additional details:

http://daruliftabirmingham.co.uk/personal-injury-compensation/

Only Allah (SWT) knows best

Answered By Alimah Nasima Umm Hamza

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham