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The question

In a car accident caused by another party, what may the insured — who was not driving the car at the time of the accident — claim from his own insurance company, given the terms of the lease-to-own contract which mandate comprehensive insurance?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Commercial insurance is forbidden in all its forms due to the elements of usury (riba) and gambling () it contains. If someone is afflicted in person or property, and a blood money (diyah) or compensation becomes due to them, they are entitled to take it in full, whether it is paid by the perpetrator or by the insurance company. If the company demands compensation from the perpetrator, the victim is entitled to take the value of the damages, the repairs, and the difference between the car's value when intact and after the accident. If the company does not demand compensation from the perpetrator and bears the cost of repairs, the car owner is only entitled to take what they paid to the insurance company, and should not take more than that, due to the impermissibility of the insurance contract and the falsehood and violation of conditions involved therein.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
19495
Imported
Translation status
Source text, unreviewed
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