Insurance for those crossing Saudi territory in transport vehicles
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Fatwa No. ( 21563 )
Praise be to Allah alone, and blessings and peace be upon the one after whom there is no prophet. Having reviewed the question sent to His Eminence the Grand Mufti by the inquirer: Prince Sultan ibn Faisal ibn Muhammad ibn 'Abd al-'Aziz Al Saud, and referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (2983) and date 15/5/1421 AH, the Permanent Committee for Scholarly Research and Ifta has examined the matter. The inquirer asked a question the text of which is as follows: Your Eminity is aware that the country is situated in a location that links the countries of the Levant and the Gulf to one another. The neighboring countries have commercial needs in the lands of the Levant, and likewise the lands of the Levant have needs from these countries. The land borders of the Kingdom of Saudi Arabia have become a point of connection for goods coming from Lebanon, Turkey, Syria, Jordan, and Egypt and others to the Gulf countries, and vice versa. This results in a large number of small and large vehicles entering, driven by drivers from these neighboring countries, which leads to traffic accidents, some of which result in injuries, deaths, and losses of property and life for citizens
and others. In light of this, the state, may Allah exalt it, detains the passing driver in the correctional facility, and the state bears all financial and material burdens until the legal ruling is issued and then implemented. Regarding blood money, in most cases, Saudi charitable committees pay it due to the passing driver's inability to bear the financial amounts. His stay in the correctional facilities may be prolonged, and he is cut off from his work and the livelihood of his family in his country, which causes harm to everyone, whether the Saudi or the passer. We have a desire to develop and modernize in accordance with our noble Shari'ah; that is, to seek permission from our wise government to implement cooperative Islamic insurance for those passing through the lands of the Kingdom of Saudi Arabia , following the principle of reciprocity in the neighboring countries. Its benefits are as follows: 1 - We will be fully bound by the conditions of the Council of Senior Scholars' fatwa number (51), which includes the permissibility of cooperative insurance . 2 - The driver will benefit in the event of an accident, God forbid, by having his financial obligations settled, and returning to his country to be able to support his family and prevent the disintegration of the family. 3 - Economic savings for the state treasury as a result of the necessary expenses
for comprehensive care of all types for the prisoner. 4 - Stability of the social and psychological situation when citizens of neighboring Arab countries enter the country regarding the preservation of their rights. 5 - Preservation of the rights of citizens and residents and the speed of their obtaining their financial rights, especially since there are families and orphans who are supported only by the head of the family, and his absence negatively affects them. Therefore, we request from Your Eminity to guide us with your sound opinion regarding this matter, and may Allah guide you.
After the Committee's study of the inquiry, it answered that a decision had previously been issued by the Council of Senior Scholars with number (55) ruling on the prohibition of commercial insurance, in all its types, due to the harm and great risks it contains, and the consumption of people's wealth by false means, which are matters that the pure Shari'ah forbids and prohibits with the strongest prohibition. Also, a decision was issued by the Council of Senior Scholars with number (51) ruling on the permissibility of cooperative insurance, which consists of donations from the benevolent, and its aim is to help the needy and the afflicted, and nothing returns to the participants, neither capital nor profits nor any investment return; because the participant's intention is the reward of Allah, Glorified and Exalted is He, in helping the needy, and he does not intend a worldly return. This falls under the saying of Allah the Exalted:[Al-Ma'idah 5:2]
And in the saying of the Prophet (peace and blessings be upon him):Jami` at-Tirmidhi 1425Sahih (Darussalam) And what is mentioned in the question is of the forbidden commercial insurance, and therefore it is not permissible to approve it or to act upon it. And success is from Allah, and may Allah send blessings and peace upon our Prophet Muhammad and his family and his companions.
Praise be to Allah alone, and blessings and peace be upon the one after whom there is no prophet. Having reviewed the question sent to His Eminence the Grand Mufti by the inquirer: Prince Sultan ibn Faisal ibn Muhammad ibn 'Abd al-'Aziz Al Saud, and referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (2983) and date 15/5/1421 AH, the Permanent Committee for Scholarly Research and Ifta has examined the matter. The inquirer asked a question the text of which is as follows: Your Eminity is aware that the country is situated in a location that links the countries of the Levant and the Gulf to one another. The neighboring countries have commercial needs in the lands of the Levant, and likewise the lands of the Levant have needs from these countries. The land borders of the Kingdom of Saudi Arabia have become a point of connection for goods coming from Lebanon, Turkey, Syria, Jordan, and Egypt and others to the Gulf countries, and vice versa. This results in a large number of small and large vehicles entering, driven by drivers from these neighboring countries, which leads to traffic accidents, some of which result in injuries, deaths, and losses of property and life for citizens
and others. In light of this, the state, may Allah exalt it, detains the passing driver in the correctional facility, and the state bears all financial and material burdens until the legal ruling is issued and then implemented. Regarding blood money, in most cases, Saudi charitable committees pay it due to the passing driver's inability to bear the financial amounts. His stay in the correctional facilities may be prolonged, and he is cut off from his work and the livelihood of his family in his country, which causes harm to everyone, whether the Saudi or the passer. We have a desire to develop and modernize in accordance with our noble Shari'ah; that is, to seek permission from our wise government to implement cooperative Islamic insurance for those passing through the lands of the Kingdom of Saudi Arabia , following the principle of reciprocity in the neighboring countries. Its benefits are as follows: 1 - We will be fully bound by the conditions of the Council of Senior Scholars' fatwa number (51), which includes the permissibility of cooperative insurance . 2 - The driver will benefit in the event of an accident, God forbid, by having his financial obligations settled, and returning to his country to be able to support his family and prevent the disintegration of the family. 3 - Economic savings for the state treasury as a result of the necessary expenses
for comprehensive care of all types for the prisoner. 4 - Stability of the social and psychological situation when citizens of neighboring Arab countries enter the country regarding the preservation of their rights. 5 - Preservation of the rights of citizens and residents and the speed of their obtaining their financial rights, especially since there are families and orphans who are supported only by the head of the family, and his absence negatively affects them. Therefore, we request from Your Eminity to guide us with your sound opinion regarding this matter, and may Allah guide you.
After the Committee's study of the inquiry, it answered that a decision had previously been issued by the Council of Senior Scholars with number (55) ruling on the prohibition of commercial insurance, in all its types, due to the harm and great risks it contains, and the consumption of people's wealth by false means, which are matters that the pure Shari'ah forbids and prohibits with the strongest prohibition. Also, a decision was issued by the Council of Senior Scholars with number (51) ruling on the permissibility of cooperative insurance, which consists of donations from the benevolent, and its aim is to help the needy and the afflicted, and nothing returns to the participants, neither capital nor profits nor any investment return; because the participant's intention is the reward of Allah, Glorified and Exalted is He, in helping the needy, and he does not intend a worldly return. This falls under the saying of Allah the Exalted:
And cooperate in righteousness and piety, but do not cooperate in sin and aggression.
وَتَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَى وَلاَ تَعَاوَنُوا عَلَى الإِثْمِ وَالْعُدْوَانِAnd in the saying of the Prophet (peace and blessings be upon him):
And Allah is engaged in helping the worshipper as long as the worshipper is engaged in helping his brother.
والله في عون العبد ما كان العبد في عون أخيه
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.