What is the difference between commercial insurance and general maintenance contracts? Is there a precise difference that permits the operation of a maintenance company while prohibiting that of an insurance company? And if the operation of a maintenance company is impermissible, does that mean that all money contributed to this company is unlawful?
Maintenance contracts have various forms, some permissible and some prohibited. Permissible forms include: 1. The selling company of a device undertaking periodic maintenance or fault maintenance, whether by repairing them or replacing their parts, with the permissibility of increasing the device's price in exchange for the service. 2. A "maintenance company" undertaking periodic inspection of a device for a specified amount, provided that the contract does not include the provision of spare parts unless they are minor and insignificant. This contract is classified as a lease (ijarah) contract.
Prohibited forms include: 1. A maintenance contract that includes periodic inspection and replacement of damaged parts with new ones, due to its inclusion of excessive gharar (uncertainty) and gambling. 2. Non-periodic maintenance contracts, which depend on the occurrence of defects in devices, as this is a gambling contract.
The Islamic Fiqh Academy has decided that a maintenance contract is a newly introduced contract whose ruling varies depending on its forms, and it is a compensatory contract. It mentioned permissible forms, including: a maintenance contract not tied to another contract, where the maintainer is obligated to perform work only or with minor materials, or the owner is obligated to provide the materials; and maintenance stipulated in a sales or lease contract for a known period, with the necessity of specifying the maintenance, remuneration, and materials to avoid jahalah (ambiguity).
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