Source: http://qa.muftisays.com/?295
Question ID: #295
 
Question: Why is 3rd party insurance allowed?
Assalamu alaykum.

When the hijab ban in france came about muslims, righfully, threw a big fuss.

Then we had certain scholars like Shaikh tantawi been heavily criticised by other ulema (and righfully so) for his verdict that due to the non muslim law of the land the rules of hijab could be relaxed.

However, many of these very same other ulema state that although insurance is haraam due to elements of gambling and interest, due to the law of the land, 3rd party (i.e minimum) insurance for things such as cars (where 1 is not allowed to drive without insurance) is allowed due to the law of the land.

this is a clear contradiction in principle as far as i can see. Why can the hijab not be relaxed due to law of the land but when it comes to insurance many ulema relax it? (please note i am not saying hijab should be relaxed, i am totally aginst it and totally against Shaik tantawis fatawa, im simply saying how come insurance has been relaxed)?

May Allah reward you.

was salaam.
 
 
Answered by: Ulamaa ID 01 ()
Date: 03/09/2006 21:19pm

Bismihi Ta'ala

Wa alaikum salam

The 2 situations cannot be compared. The banning of the Hijab is a direct attack against the Islamic faith. It is an attack against the freedom, liberty and democratic rights of an individual living in a democratic state.
It is an attempt to wipe out one of the siginificant features and symbols of the Islamic Faith.

Third party insurance, on the other hand, is established by the land to preserve the rights of an individual if his property (car) was damaged, so that he may receive coverage for his losses. The method adpted for it, however, is Haraam according to Islamic Law as it entails elements of Haraam. However, as it is a requirement of Law, Shariah will allow it according to the principle of Dharoorah (need). This need is not evident in the Hijaab scenario.

And Allah knows best.
Mufti Yaseen Shaikh
 
www.MuftiSays.com