Insurance claim and evaluation money

Question Asslamo Allaikum

We have been involved in car accident due to my fault as i fall asleep and hit in parked lorry. My family got seriously injured, Alhamdullilah they all are out of hospital and recovering well in home Alhamdullilah. 1: My car has been wright off as it was completely shattered. Is it okay to get car evaluation money from insurance company? 2: Is it okay to claim personal injury claim? Jazaka'Allah Khair Asad Answer: ﺑﺴﻢ اﷲ اﻟﺮﺣﻤﻦ اﻟﺮﺣﯿﻢ In the name of Allah, the Most Gracious, the Most Merciful

1) Yes, it would be permissible to take the car evaluation money from the insurance company, because this would be treated as a business transaction between you and the insurance company in which you sell them your totaled car in lieu of the money. The technical meaning of a business transaction according to the Islamic jurists is the exchange of wealth for wealth with mutual agreement; on the basis thereof, this meaning is found in the above-mentioned transaction between the policyholder and the insurance company, therefore it would be lawful. (Mukhtasarul Qudoori: p. 256 (Bushra [footnotes])

2) No, it would not be permissible to claim a personal injury because you were at fault, hence you would be responsible for any losses incurred.1 The Prophet ﷺ said, “ Whosoever sleeps upon the roof of a house which has no barricade (that would prevent him from falling, consequently passing away), then no one would be held accountable because of him (i.e. if he passes away, he himself is to blame for his negligence, thus nobody would be liable to pay anything as a result of his death). (Sunan Abi Dawud: Hadith 5039)

Only Allah knows best

Written by Maulana Mohammad Ahsan Osmani Checked and approved by Mufti Mohammed Tosir Miah Darul Ifta Birmingham

1 Bahuth fi Qadaya Fiqhiya Muasira: v. 1, p. 312-313 (Maktaba Darul Uloom Karachi); Mukhtasarul Quduri: p. 583 (Bushra)