Should he accept compensation from the insurance company?

Question: 91435

I was in a traffic accident when I was riding in a taxi, which rolled over several times. My spine was broken which led to me becoming a paraplegic, with permanent paralysis of the legs. As is customary in Algeria, the insurance company that covers taxis pays a set amount of money to those injured as compensation for the injury suffered. It is divided into two parts, one for the one who was injured and one for the person who is to help him and push his wheelchair. What is the ruling on this compensation? What is the ruling on the second part of the compensation that is given to the helper? What is the ruling on my monthly salary that I get from this insurance company – because I have been given long-term sick leave and the company is obliged to pay the monthly salary that I used to receive when I was a professor? Is it permissible for me to pay my legal fees – as I hired a lawyer to help me with administrative matters before I became aware of the shar’i ruling – from this compensation?.

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

Firstly:

All commercial insurance contracts are haraam contracts, as
they involve gambling and gharar (ambiguity). We have discussed the fact
that it is haraam to subscribe to them voluntarily in the answers to
questions no. 8889 and
39474.

Secondly:

The basic principle is that the one who causes the accident
is the one who should pay for any injury or damage that results from it, and
he should pay the compensation. If he has a contract with an insurance
company to pay the costs of any damages, there is nothing wrong with the one
who is entitled to compensation taking his rights and compensation in full
from the insurance company. The one who is entitled to that has nothing to
do with the prohibition on the dealings between the one who caused the
accident and the insurance company. He can take his rights from anyone who
has an obligation to pay it, and the insurance company is obliged to give
him this right.

In the answer to question no.
70318 we have quoted the fatwa of
Shaykh Ibn Jibreen which says that this is permissible.

Based on this, there is nothing wrong with you accepting
compensation– even if it is paid monthly – from the insurance company. The
same applies to the salary of your companion and helper.

We ask Allaah to heal you and to reward you for your
calamity, and to reward you in the Hereafter.

And Allaah knows best.

Source:

Islam Q&A

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