Is it permissible for a lawyer to claim legal interest, estimated at 9% annually, to expedite cases against insurance companies that delay payment, knowing that not claiming it helps insurance companies grow their wealth unlawfully, and is it permissible to take this interest and spend it on projects other than food and drink?
The legal profession is permissible if it operates within the bounds of Islamic law. The work mentioned, however, involves several prohibitions:
1. Litigating against an insurance company: This is not permissible because the company is not responsible for the accident, and it involves an endorsement of commercial insurance, which is forbidden. The proper course of action is to demand compensation from the responsible person, their aqilah (male kinsmen), or Bait al-Mal (the public treasury). However, it is permissible to litigate against the company out of necessity if the right cannot be obtained otherwise. 2. Claiming compensation for lost earnings: This is not permissible, as the injured party is entitled only to diyah (blood money) or arsh al-ahah (compensation for a permanent disability). 3. Claiming compensation for moral damages: The preponderant opinion is that this is not permissible. 4. Claiming legal interest: This is absolutely impermissible, as it is forbidden usury (riba) and an injustice. Instead, one can demand that the defendant bear the lawyer's fees, increasing them in case of procrastination.
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- Original fatwa ID
- 68956
- Imported
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