Praise be to Allaah.
Commercial insurance of all
types is haraam, because it involves riba, gambling and consuming people’s
wealth unlawfully. This has been discussed previously in the answer to
question no. 8889.
It has also been previously
explained that with regard to lease-to-own contracts, it is not permissible
to force the one who is leasing to take out insurance; rather that should be
done by the owner. See the answer to question no.
If the party who is not at
fault has been harmed physically or financially and the other party has to
pay him diyah or compensation, then he has the right to take it in full,
whether it is paid by the other party himself or through the insurance
company, because the one who is entitled to diyah or compensation has a
right, and he is not responsible for whether the deal that the other party
has with the insurance company is halaal or not.
Based on that, if the
company asks the party at fault for compensation, then the party that is not
at fault may take the value of the damaged parts and the cost of repairing
the car, in addition to the difference between the value of the car before
the accident and its value afterwards, and the cost of repair. See the
answer to question no. 120016.
If the company does not
seek compensation from the party at fault, and it takes on the
responsibility for covering the costs of repair, then the owner of the car
has no right to take anything more than what he paid to the insurance
company, and he should not take anything more than that, because commercial
insurance policies are not acceptable according to sharee‘ah; in addition to
that, there is the issue of what the car owner did of lying and going
against the conditions of the policy; even if insurance were halaal, he
would not be entitled to compensation. Please see the answer to questions no. 131591 and 125801.
And Allah knows best.