Back to search
The question

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?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

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 No. 105063.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
118805
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy