We have cargo transport vehicles (trailers) operating on the land routes in the Kingdom for a fee, and the cargo is of very high value.
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The questioner : May Allah reward the honorableThe Shaykh : We have cargo transport vehicles—trailers—operating on the land routes in the Kingdom for a fee, and the cargo is of very high value. Sometimes Allah decrees that one of these trailers is involved in a traffic accident while loaded with cargo. There is damage to the cargo and the vehicle, either in whole or in part. We bear the cost of the damaged cargo and the repair of our vehicles at our own expense, and we pay the owner of the cargo the value of the damage. My question, O honorableThe Shaykh : What is the ruling on comprehensive insurance for the cargo and the vehicle?
Second: What is the ruling on insurance for the cargo only?
Third: What is the ruling on third-party liability insurance only?
The Shaykh : As for the first point: If the vehicle is involved in an accident and the cargo in it is damaged, without negligence on the part of the vehicle owner and without transgression on his part, he is not liable for compensation. It is not permissible for the owner of the property being transported to hold the driver of the vehicle liable, because this property is in his hand as a trust, which he accepted with the owner's consent and transported in the vehicle, so he is a trustee. Any trustee under whose custody damage occurs without transgression or negligence is not liable for compensation. It is not permissible for the owner of the property to demand compensation from him, even if he were to demand it and make him his opponent, while knowing that the vehicle owner did not transgress or act negligently; for what he takes, even by a judge's ruling, is forbidden to him, based on the saying of the Prophet (peace and blessings be upon him):. This is one point.
However, if it was due to his transgression or negligence, such as unusual speed, or negligence in checking the tires without returning to them, or otherwise, then yes, he is liable for compensation.
As for insurance: It is forbidden, whether for the vehicle, or for the property, or for the vehicle and property, or for third-party liability. It is all forbidden, it is all gambling. Allah the Mighty and Majestic said:[Al-Ma'idah 5:90]. So Allah associated gambling with intoxicants, sacrificial animals, and arrow-lots. Insurance is a form of gambling. Some people have misled the Department of Ifta in the Kingdom of Saudi Arabia, claiming that it permits commercial insurance like what the questioner asked about. The Ifta Committee, headed by His Eminence Shaykh Abdul Aziz ibn Baz, issued a statement that this is a lie against the committee. The committee only permits cooperative insurance, meaning: a fund is established among a family into which money is placed. If someone is involved in an accident, they are helped from it, and nothing is returned to them. And this attributed to the Senior Scholars' Committee is deception and fraud. So my advice to my Muslim brothers in general: Fear Allah the Mighty and Majestic, and do not violate the sanctities of Allah, and know that wealth was created for you, not you for wealth, and know that wealth is a loan, either you lose it in your lifetime or you die and it belongs to those who come after you. So insurance in all its types and forms is forbidden.
But it was said to us: Some countries compel a person to insure. They do not give him a vehicle license or any transaction except with insurance. So what does a person do? We say: This is a dire necessity. Give them what they ask of you for insurance. But if an accident happens to you, do not claim from them more than the amount you gave them, because the contract between you is invalid in Islamic law. And if it is invalid in Islamic law, then what this contract entails and requires is invalid. It is not permissible for you to take more than the amount that was taken from you.
Yes.
Second: What is the ruling on insurance for the cargo only?
Third: What is the ruling on third-party liability insurance only?
The Shaykh : As for the first point: If the vehicle is involved in an accident and the cargo in it is damaged, without negligence on the part of the vehicle owner and without transgression on his part, he is not liable for compensation. It is not permissible for the owner of the property being transported to hold the driver of the vehicle liable, because this property is in his hand as a trust, which he accepted with the owner's consent and transported in the vehicle, so he is a trustee. Any trustee under whose custody damage occurs without transgression or negligence is not liable for compensation. It is not permissible for the owner of the property to demand compensation from him, even if he were to demand it and make him his opponent, while knowing that the vehicle owner did not transgress or act negligently; for what he takes, even by a judge's ruling, is forbidden to him, based on the saying of the Prophet (peace and blessings be upon him):
I only judge according to what I hear. So if I cut off for someone something from his brother's right, then I am only cutting off for him a piece of fire, so let him take little or much.
إنما أقضي بنحو ما أسمع. فمن اقتطعت له شيئاً من حق أخيه فإنما أقتطع له جمرةً من النار فليستقل أو ليستكثرHowever, if it was due to his transgression or negligence, such as unusual speed, or negligence in checking the tires without returning to them, or otherwise, then yes, he is liable for compensation.
As for insurance: It is forbidden, whether for the vehicle, or for the property, or for the vehicle and property, or for third-party liability. It is all forbidden, it is all gambling. Allah the Mighty and Majestic said:
O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah], and divining arrows are but defilement from the work of Satan, so avoid it that you may be successful.
يَا أَيُّهَا الَّذِينَ آمَنُوا إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالأَنصَابُ وَالأَزْلامُ رِجْسٌ مِنْ عَمَلِ الشَّيْطَانِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَBut it was said to us: Some countries compel a person to insure. They do not give him a vehicle license or any transaction except with insurance. So what does a person do? We say: This is a dire necessity. Give them what they ask of you for insurance. But if an accident happens to you, do not claim from them more than the amount you gave them, because the contract between you is invalid in Islamic law. And if it is invalid in Islamic law, then what this contract entails and requires is invalid. It is not permissible for you to take more than the amount that was taken from you.
Yes.