Ali Dawah - IS CAR INSURANCE HARAM？ AskTheSheikh

00:00:00.000 Asalaamu alaikum warahmatullahi wabarakatuh brothers and sisters and dear friends hope you guys are doing well welcome to another show of ask the sheikh i'm here with sheikh heatham al-haddad got your name right sheikh yeah

00:00:27.000 yes you always get it wrong yes usually i call it sheikh heatham sheikh heatham yeah okay yeah how are you

00:00:38.320 how do you say in i am okay in uh i am yeah yeah then you can say

00:00:53.880 sen nasil sen how are you yes sen nasil sen yes or nasil sen is nasil sen yeah how are you guys yes how are you guys how are you guys yeah how or out of respect yes yes you know the first statement i learned in in urdo

00:01:07.620 yeah that uh uh may nai urdu bultahu yeah people will laugh now okay that i don't speak urdu and someone

00:01:17.140 yeah someone it's like you know the people they say uh you know english no i don't speak english yes

00:01:22.340 yes okay okay let's get straight into inshallah don't pick up your nose no no i'll just i'll just you know

00:01:28.800 yeah yeah i'm just reminding yeah yeah make sure um basically last last episode we had we gave a fatwa

00:01:38.820 about a sister specific situation had to work in a specific supermarket um if she had to carry alcohol 1.00

00:01:45.480 touch pork etc however there was not an understanding and we couldn't go into detail because i don't know

00:01:51.120 if you saw it from the video i was very scared of the heights yeah that thing so that's why i rushed the

00:01:55.120 video a bit yeah so we didn't get the chance to go in detail so what we're going to do is we're not

00:01:59.940 going to talk about that because that's um being talked about already what we're going to do is we're

00:02:04.220 going to understand where this comes from where does this idea of because we know what's haram

00:02:10.920 yeah so we're in the religion this idea of something haram become becoming halal where do we get this

00:02:17.800 from sheikh do you are you taking this from yourself are you taking this from the quran or sunnah etc i'm just

00:02:22.480 uh there was advocate so i just want to know where did this idea come from haram becoming halal and

00:02:28.440 in what situation and who decides this yeah okay that's a good point ali you know this idea is

00:02:37.700 confirmed in sharia okay it is confirmed in sharia and there are a number of evidences that confirmed

00:02:44.560 that this does exist okay back where uh for example allah jalla wa'ala uh said

00:02:52.160 allah jalla wa'ala listed all the haram things that you should not eat okay then allah jalla

00:03:14.620 alah jalla wa'ala said famanittura the concept of famanittura the darura the darura yes it transfers

00:03:23.900 some harams into what what does the halal darura means necessity necessity for example yes for example

00:03:31.920 if a person is about to die and he doesn't find except haram meat to consume okay then it might be

00:03:40.300 obligatory upon him to consume the haram meat in order to what survive in order to survive okay yeah

00:03:47.580 okay also in terms of uh uh allah jalla wa'ala said

00:03:54.080 the one who is pushed to say a statement of kufr

00:04:03.180 yes yes a statement of kufr or shirk yes he can utter that statement by his tongue

00:04:11.740 and as allah jalla wa'ala says as far as his heart is what is established on iman he can utter that

00:04:20.780 statement okay okay if he was subject to a severe punishment severe punishment that cannot be bad

00:04:31.000 okay okay that he cannot bear so does that mean that these situations always have to be life and death

00:04:36.360 okay no not necessary okay okay another example is when uh when bilal radiallahu ta'ala anhu said to the

00:04:44.120 prophet sallallahu alayhi wasalam that they torture me they torture me i cannot really bear it yes yeah

00:04:49.960 and they ask me to disbelieve yeah and then uh bilal he used to say a statement that is maybe

00:04:57.720 not clear he used to say ahadun ahad ahad okay yeah and the prophet sallallahu alayhi wasalam allowed him

00:05:04.760 okay okay to use a statement like this in order to what to listen the punishment or the torture same

00:05:12.600 thing with ammar and same thing with others uh with khabbab and others so it is confirmed this is confirmed

00:05:19.480 in sharia now this is not a matter of life and death these scholars have written books about the principle of

00:05:26.600 of the rule and the principle of the rule and when it allows the haram okay see and that's why the

00:05:34.200 scholars have classified the haram the haram is not of one level okay for example shirk yes yes

00:05:41.960 in the shirk allah does not forgive because shirk is the highest level of of injustice and 0.99

00:05:51.560 massia okay sin okay uh is that is not like a swearing word okay yes stealing one million

00:06:04.600 yeah pounds yeah pounds is not like stealing one pound yes okay okay okay i understand yes levels okay 0.76

00:06:10.840 um uh raping an innocent lady yeah is not although it is severe and zina is severe but it is not like 0.98

00:06:21.720 okay uh zina yeah in fact zina of an old person is more punishable than zina committed by a young person

00:06:32.920 yes yeah that the the sin is not the same that's why the prophet sallallahu alayhi wasallam for

00:06:38.520 example said three people allah does not look at them on the day of resurrection and they will be 0.84

00:06:47.640 punished what by ushaymatunzan one of them is ushaymatunzan an old person yet he what he falls into zina

00:06:55.480 subhanallah at that age at that age yeah why why what's the excuse exactly and his urge to do zina is

00:07:03.720 not like the age of the urge to do zina of of of a young person okay in fact in fact so it shows allah's

00:07:11.160 justice exactly in fact umar ibn al-kattab radiallahu ta'ala he introduced the punishment of those who drink

00:07:19.080 yes it was mentioned this is amazing he used to flog 80 flogs those who drink if they are young

00:07:27.320 people and strong but if they are weak he used to flog them 40 times this is not as they say

00:07:34.520 discrimination but this is to what to consider the situations of okay that also shows to us that he has

00:07:42.360 leniency because somebody can say how are you changing the law of allah it's 80 you're dropping

00:07:46.120 into 40 yes but umar did this yes so so even in the situation promises we can understand that if we

00:07:52.440 look at it from a general perspective if you are a bit narrow man you say how is it changing but if you

00:07:57.480 understand the religion yeah go in detail and derive proper understanding then you understand why the

00:08:03.080 sahabah and salaf did what they did yes so major sins are not like what minor sins this is confirmed yes of

00:08:10.520 course the minor sins the prophet sallallahu alayhi wa sallam said he said uh he said a salah

00:08:19.160 the salah to salah yeah it wipes your sins yes okay okay between salah and your salah if you make the 0.87

00:08:25.960 other salah the other salah will wipe your sins yes yeah it will wipe which sins the minor sins not the 0.97

00:08:32.840 major sins okay okay okay the major sins need toba okay so therefore okay now if there is a minor sin yeah

00:08:41.400 yeah there is a minor haram there is a minor sin but the consequences of falling into it yeah are

00:08:51.320 grave i mean sorry the consequences of not doing it are grave okay yeah so you have two options either you

00:08:59.800 commit this minor sin or the consequences are so grave so what do you do in this case well it's better

00:09:08.920 you put minor sin yeah why because if you do not commit the minor sin you are committing what the major

00:09:16.520 sin yeah no one would say yeah no one would say no one would understand how sharia works okay leave

00:09:24.360 sharia leave sharia yeah just common sense yeah common sense no one would say no commit the minor sin 1.00

00:09:32.200 yeah sorry uh no one say abstain from the minor sin but fall into the major yes exactly of course no one

00:09:40.440 will say this yeah yeah even in in our normal life yes okay in you are about to lose this transaction or

00:09:50.680 this deal in order to get a bigger deal everyone will say no get the better deal leave this

00:09:58.440 small deal okay all right this is something confirmed okay and there are so many examples

00:10:03.640 etc etc about it this is really important is uh a lot of people do this unfortunately is when

00:10:08.520 when it's a lot of young people a lot of young people yeah when it's their necessity yeah they have

00:10:13.560 sympathy they understand it's it's it's i understand yes but when it's for it comes to others when it

00:10:20.360 comes to other person's necessity yes it's stuff you are compromising on your religion yeah

00:10:26.760 watering down the religion exactly exactly this is my point why i brought this because so brothers and

00:10:31.400 sisters so we can understand clearly that who do we go to when it comes a matter of necessity me and you

00:10:36.040 we can't we are not on that level to understand that we go to back to the scholars you know and then we

00:10:41.320 understand that the sheikh said from the quran and sunnah what's necessity how it works so i hope you

00:10:45.720 guys have kind of grasped and understand in certain specific situations so have understanding brothers

00:10:50.680 sisters yes you might look at something and it might be like wrong but understand the situation

00:10:55.000 behind that because when it's your necessity with a car for example you say i need my car in reality

00:11:00.120 you really need it but we don't question that we just say look if the scholar said it let's go but

00:11:03.480 let's not have double standards let's understand the other person you know different people go through

00:11:07.160 different stuff okay okay that's that's really good now let's get to the nitty gritty now

00:11:12.120 i want people to understand this and the best way they can understand it is understanding it with

00:11:16.360 something that involves them yeah yeah uh one thing that we can all say that a lot of us have in

00:11:22.600 common is a car yeah we either drive it or we know somebody that drives it now i was thinking about

00:11:28.360 the sheikh um now if i'm not mistaken one of the reasons why insurance is haram obviously when you

00:11:35.480 you drive a car you need insurance is that it has a form of the transaction is unknown

00:11:40.840 it has some aspects of gambling involved yeah and there might be some kind of river yeah if i'm not

00:11:47.000 mistaken please correct me yeah some scholar said the transaction pay monthly yeah that can be some

00:11:51.720 they say major said it's not however let's say you have an accident yeah and you say okay look um if you

00:11:58.680 have an accident and if they offer you a larger amount than what you gave yeah you can reject it but

00:12:02.680 however if it's for example you hit free cards yeah the total is hundred thousand pounds yeah how

00:12:07.080 you're going to pay that your pocket yeah you're going to have no choice but maybe to accept that yeah

00:12:11.000 so we can say an aspect of riba is even involved yes so now what i wanted to understand sheikh is how

00:12:16.920 is it permissible when we know there's two majors and transaction not being known excellent excellent

00:12:21.640 is this amazing by the way the transaction not being known yeah yeah okay okay okay okay okay

00:12:26.840 let us take this this is a good case study okay insurance why it is haram yes okay those scholars

00:12:33.320 who said that it is haram why it is haram yeah exactly as you said because of the three main reasons

00:12:38.120 however let us classify them yes the first reason is river okay how how yeah okay it is not exactly like

00:12:45.960 what you said okay but a river when it involves that you pay your premium okay and then the compensation

00:12:53.240 is money okay only when the compensation is money then it is river so if it's not money and if it is not

00:13:03.240 money then there is no river what would we what can where else can it be if it's not money yeah that for

00:13:07.800 example your car yes there is a difference between they say to you yeah you pay the the monthly installment

00:13:14.040 the premium yes and if your car has any problem we will pay you money okay this is the riba one okay

00:13:23.560 because it is money for more money yeah and as we all know that the prophet said gold for gold so money

00:13:30.600 for money yes yes as the hadith of the prophet sallallahu alaihi wasallam what the prophet sallallahu alaihi wasallam said

00:13:34.520 money for the prophet sallallahu alaihi wasallam said dahab for dahab gold for gold yeah it should be grain for grain

00:13:42.280 wheat for wheat barley for barley salt for salt it has to be like for like yes and on the spot okay

00:13:49.800 okay as the prophet sallallahu alaihi wasallam said of course this is the translation yes of what the

00:13:53.640 prophet sallallahu alaihi wasallam said so if there is money for money okay which is essentially the gold

00:13:59.880 for gold yeah then we have to be careful any transaction that has money for money then the uh what is

00:14:07.800 alarming bell should ring should ring okay yeah that this is the loudest noise and the river is a big

00:14:14.280 sin like one of the of course of course it's like waging war on allah it is like waging war against 0.99

00:14:19.000 allah and the prophet sallallahu alaihi wasallam said allah tells the one who eats river yeah gives the

00:14:30.040 river gives the one who writes the contract of river and those who witness the contract of river

00:14:35.160 okay so it's not that any it's a big since no joke without it okay let's see river okay okay and by

00:14:40.600 the way this this this um this river yeah uh it is an interesting story but anyway i will mention it

00:14:48.120 later because it takes time okay so we have river yeah so river yeah yeah yeah river as we said not in

00:14:55.400 all insurance transactions okay so if for example if you pay insurance if you pay your premium okay and you

00:15:04.440 receive service yes they give you a car when your car broke down or breaks down okay or they give you

00:15:13.480 they fix your car they don't give you money okay so now there is no money for what for money so the

00:15:20.120 element of river is absent yeah see in any transaction in any transaction yes the biggest thing that you need

00:15:30.920 to be worried about yeah is what a river yes if there is no river say alhamdulillah now let us move the

00:15:40.200 matter is what yes easier yes okay yes of course we are not talking about cheating yeah yeah this we

00:15:47.800 are not talking about the cheating we are talking about clear the transaction yes yeah no cheating yes and

00:15:53.080 no uh what if there's risks of it like meaning if you have a big accident and the claim is big

00:15:57.400 you know we'll come to that but the cheating a clear we are not talking about that okay okay okay

00:16:01.800 we are talking about clear the transaction where there is no cheating okay if there is no

00:16:09.480 then you look at the second thing yeah okay is there gambling so what is gambling yeah gambling

00:16:16.680 briefly briefly gambling is yeah earning money yeah based on luck okay okay the two things have to be

00:16:24.360 there okay earning money yeah or earning any not necessarily cash yeah okay some kind of earning

00:16:31.080 something based on luck okay yeah drawing lots the winner he will get this okay yeah okay this is if it is

00:16:41.480 uh earning uh earning this just based on luck yeah uh with with with one one condition yeah yeah yeah

00:16:52.920 you pay money in order to earn this money based on luck okay so how does insurance fall into that yeah

00:16:59.640 just a minute yes again okay so earning money based on luck yeah but provided that you paid money in order to

00:17:06.760 to get into that competition for example if they say that okay uh you are shopping in any tesco or

00:17:15.640 whatever oh like they have these big cars and they say if you give one pound and we will pick yes somebody

00:17:21.720 yes this is earning money but you paid for that in order to get into the competition and it's not it's

00:17:28.440 luck because you're not doing anything you're just waiting and seeing yes this is gambling okay however if you

00:17:34.280 are entering yes and they said take this uh ticket yes you don't pay anything even one pound you don't

00:17:41.880 pay you just take it yeah and then we will draw lots and you might uh uh win the the the car yes you

00:17:50.040 can do it so that's not that's not gambling that is not gambling because you did not pay money in order

00:17:55.080 to get into okay that competition okay so okay the connection with insurance with insurance you pay money

00:18:00.840 yeah yeah yeah and you might earn some money yeah based on luck okay in insurance that can happen

00:18:08.840 because you don't know your car might have this or that etc okay okay so is it from aspect of gambling yes

00:18:15.560 if the gambling is not there means you know what it what you are going to get yeah they know what they

00:18:22.600 are going to give you it clearly yes it is not like drawing lots yes so the element of gambling is not clear

00:18:30.840 in it okay yeah so alhamdulillah okay we are more we are getting closer to full halal yes released

00:18:39.800 okay now the third thing about insurance which is the biggest thing how severe is gambling if i'm

00:18:45.480 mistaken surah my the verse 90 allah mentions alcohol and gambling yes gambling the clear gambling definitely

00:18:52.280 is this is this is a major thing okay okay okay the clear gambling yes but the clear gambling is as

00:18:58.280 well as we said you give money yes in order to earn money based on luck okay but in the insurance you

00:19:06.600 give money not to earn money based on luck however if your intention was this then you are falling into

00:19:11.880 gambling okay so it is dangerous is it dangerous in in some cases not in all cases all cases yeah all right

00:19:19.800 so this is the second point which is gambling the third point is what is transactions yes yes yes the

00:19:29.080 prophet sallallahu alaihi wasallam naha and the prophet sallallahu alaihi wasallam prohibited also from

00:19:34.440 transactions that are unknown okay okay yeah but this could have said why this uncertainty in the transaction

00:19:42.200 or ambiguity is or ambiguity is haram they said because it leads to what to dispute to fighting

00:19:49.880 between people oh that's true actually yes exactly however if doesn't lead to that and the amount of

00:19:59.160 is controlled yes yes yeah it is uncertainty in of itself is not haram it is haram when it leads to

00:20:08.680 disputes fighting etc etc okay especially if the amount of other is big okay okay yeah we've discussed

00:20:16.840 or so yeah if there is no riba alhamdulillah there is no gambling alhamdulillah the only element with

00:20:24.920 insurance is gharar takes place when you pay the premium but what you receive is not money you receive a service

00:20:35.160 okay yeah all right all right you receive a service if that is the case then yeah then if both of you

00:20:45.320 are clear about what you are going to get and what you are going to receive yeah and you are happy with

00:20:51.240 that yeah okay and the amount of gharar is limited so that a transaction can be overlooked or the haram in

00:21:02.680 that transaction can be overlooked this is provided that we say that it is haram in the first place

00:21:10.120 that's why car insurance we say yeah if it involves money for money yeah don't do it it is clear haram

00:21:19.160 riba yeah yeah if you are if you are doing it for gambling it is clear haram river don't do it however

00:21:26.440 the third party etc most of the insurances okay they do not involve money for money okay

00:21:35.000 okay it is it involves or they involve what money for what services okay yeah yeah they fix your car or

00:21:44.600 something like this so that if we say that it is haram if we say that it is haram it can be overlooked

00:21:52.760 because of any need yeah not necessary no because of any necessity not necessarily a high level of

00:22:02.520 necessity okay a small need will make this problem overlooked in this transaction if it involves what

00:22:12.440 aspects of a river yeah there's no way so even car insurance even car insurance okay okay so i will

00:22:19.880 mention an exception but it will mention an exception but it is haram okay okay the second thing if it

00:22:24.760 involves gambling yeah yeah then there is no way if these two elements are not there but in it involves

00:22:33.400 of uncertainty then uncertainty yeah can be overlooked because of the need yes if you really need them

00:22:41.880 yeah need what need at a insurance that involves yeah river yes yeah if you need it yeah so what do you need

00:22:53.640 to do okay for example if the car insurance if there is in i heard in in some places yeah you pay the premium

00:23:01.720 yeah they give you money yes if something happens to your car they don't give you service okay which which is

00:23:09.080 clear that it is river money for more money yes yeah yeah it is clear river so what we what do we say because

00:23:17.160 you need to have a car yeah okay yeah we say accumulate the money that you have paid yes yeah first of all we

00:23:27.160 say don't enter into that transaction with the intention to receive the money and to benefit from the money okay

00:23:36.040 okay okay yeah yeah yeah enter that transaction with the intention that it is what it is a necessity

00:23:42.120 it's a necessity okay yeah yes hadn't been at a necessity you wouldn't go into that transaction yeah okay

00:23:49.880 okay okay this is one thing the other thing is yeah don't yes once you receive a compensation yes

00:23:58.840 yes try to accumulate how much you have paid the money that you have paid yeah and take from the

00:24:07.400 compensation what is equal to what you have taken yeah okay oh sorry what you have paid okay take what you

00:24:17.560 have paid only so imagine for the past five years yeah you have paid let us say uh what sums to what

00:24:28.520 sums up to yeah seven thousand pounds yes and then you got uh recompensation or compensation from

00:24:35.960 the insurance company yeah for a theft or fire or whatever okay yeah you got a compensation of

00:24:43.160 twenty thousand pounds yes okay yeah take from the twenty thousand pounds seven thousand pounds which

00:24:49.560 you have paid so far okay okay and the rest get rid of it if you don't it's river if you if you talk if

00:24:59.480 you take it then it is let me just get this right so um because i i heard you say maybe there's a

00:25:06.040 misan-san you said that if it involves river and gambling to abstain from it totally totally are you so

00:25:12.040 are you saying that people if they see that the insurance involves these they should abstain from driving or are

00:25:18.280 you saying that generally what i am saying is that see if insurance involves a ribbon yeah or gambling then

00:25:30.440 we should try see if there is any transaction that involves a river or gambling because these are the

00:25:37.800 top two haram yes apart from cheating yes yeah then we should abstain from that transaction so the best

00:25:44.840 thing do is abstain however yes if we have to do that transaction yes by law we have to do it yeah

00:25:51.480 so it's not about the fatwa that because of necessity yeah no you have to do it okay by law you have to

00:25:58.040 do that transaction for example trading between companies you have to have uh lse okay letter of

00:26:04.520 credit yes that in some scenarios it might involve river yes so it's not about many people call

00:26:11.720 sheikh i have to do lse is it halal or haram i say habibi can you avoid it no they say no by the way i

00:26:19.720 so then why are you asking me now then don't take rubber stamp from me you need to ask me how can i

00:26:28.280 minimize the haram or how can i deal with it yeah so if that is the case yeah with regarding to driving cars

00:26:36.280 that involve this kind of uh insurance yeah then if river was involved then we say how to resolve

00:26:46.120 this issue yeah take whatever amount of money that you have okay in order not to take so if you're

00:26:52.840 going to be in that predicament the sheikh said take the following steps whatever you gave take that

00:26:56.600 and the rest give it to charity yes yeah yes okay that's that's true and yes we was coming to uh

00:27:02.280 again uh before uh your necessity regarding another person's necessity some people saying

00:27:07.000 the uh previous the sister she could leave the job and find another job yeah but again like i said 1.00

00:27:12.040 before it's easier for you if we're talking about if you're driving a car yeah it's easier for you to

00:27:16.120 actually leave your car yeah now let's see right you can say you know i don't want to drive anymore

00:27:19.720 yeah it's easier because you've got public transport but that sister was in need for her to leave 0.96

00:27:24.440 a job she needs time to find another job yeah it will come the cost of her family being affected yeah 1.00

00:27:28.040 so when you say necessity is it really a necessity for the car because we can see look there is a bus

00:27:33.240 there is coaches there is trains there is taxi you can walk it's actually better for the environment

00:27:38.520 is you're walking yeah so how do we determine necessity out of this yeah see in terms of necessity

00:27:44.520 this is something scholars should decide yeah so so not any layman yeah not any layman okay okay

00:27:51.080 this is one thing the other thing is it depends on from one situation to another situation one context

00:27:56.760 to another context okay so what might be necessity here might not be necessity there what might be

00:28:01.960 necessity there might not be necessity here for some people car is not a necessity but maybe for

00:28:08.120 other people car is a necessity so it changes yes it changes so don't say no car is a necessity

00:28:14.040 car is not a necessity and you start fighting over this exactly so we can say like it's the fatwa that

00:28:21.240 you gave on a specific situation this is what something the scholars decide yeah on specific

00:28:26.040 circumstances yes you know and then each person can take it and apply it on himself

00:28:31.240 that was a perfect uh uh you explained in a very well uh way inshallah um anything else that we can

00:28:38.600 add on this that's it yeah okay you seem tired like me i'm tired as well okay brothers sisters so if

00:28:48.200 you want to send in your questions do um email us at askasheikh.com inshallah and we'll answer your

00:28:54.200 questions um until next time assalamualaikum warahmatullahi wabarakatuh from me and shaheithim al-haddad

00:29:11.480 hey give me one

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Ali Dawah - May 15, 2017

IS CAR INSURANCE HARAM？ AskTheSheikh

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