What is the ruling on a financing contract that contains conditions obliging the beneficiary to insure with an Islamic insurance company (while it is unavailable), to localize income to guarantee debt repayment, that is subject to Tunisian positive law, and in which the beneficiary bears all fees and expenses?
Dividing the question ruins it. As for the question concerning the permissibility of the creditor stipulating that the debtor insure the debt as a form of security, there is no harm in it if the insurance is cooperative, mutual, and Islamic. However, commercial insurance is not permissible except out of necessity. But insuring the goods after their receipt and making the seller the beneficiary is problematic. As for the second matter, it is signing an article that stipulates arbitration by positive law courts in the event of a dispute, and we have elaborated on the permissibility of this in Fatwa No. 105063.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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