Is it Islamically permissible to open a commercial shop that is required to have compulsory insurance in France, due to the unavailability of cooperative insurance there, knowing that gharar (excessive uncertainty/risk) is permissible out of necessity, unlike riba (interest)? And is this considered one of the necessities of people that permits commercial insurance, knowing that the shop might be for selling rare halal foods, or for opening a travel agency to organize Hajj, which the Saudi Ministry of Hajj requires to be through travel agencies? And does undertaking this insurance constitute a barrier to remaining in the land of kufr (disbelief)?
Commercial insurance is forbidden due to its elements of gharar (excessive uncertainty), riba (interest), gambling, harm, and consuming wealth unlawfully. Therefore, one should not willingly enter into it. However, if someone is compelled to do so and cannot avoid it, then it is permissible for them to engage in it, and the sin falls upon the one who coerced them. In such a case, one must limit themselves to the minimum legally required amount and should only take from it what they contributed. Any surplus should be disposed of by spending it on the welfare of Muslims or giving it to the poor and needy. So, if you are legally compelled to insure your business, there is no sin upon you, provided you adhere to the aforementioned conditions. Emigration is not obligatory for you as long as you can perform the rituals of your religion and are safe from temptation. Emigration becomes obligatory only when one is unable to manifest the rituals of their religion and fears temptation.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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