Is Selling Traffic Accident Sketch Permissible?
Home > Ask the Scholar > Financial Issues > Is Selling Traffic Accident Sketch Permissible?

Is Selling Traffic Accident Sketch Permissible?

Questioner

Basil

Reply Date

Aug 01, 2017

Question

As-Salamu alaykum. What is the ruling of the Shari`ah when a person sells the traffic accident sketch of his car to another for a certain amount of money provided that the buyer takes the compensation that he manages to collect from the insurance company?

Mufti

Answer


Is Selling Traffic Accident Sketch Permissible?

Wa `alaykum As-Salamu waRahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful. 

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.


In this fatwa:

Selling the traffic accident sketch is prohibited even by agreement between the owner and the buyer.


Answering your question, the General Iftaa’ Department in Jordan, states the following: 

The compensation to be received by the owner of the damaged car from the insurance company is a debt on that company, or on the party responsible for the accident.

Selling the traffic accident sketch is prohibited even by agreement between the owner and the buyer because of the following reasons:
First: Transference of a debt for a sum is incurring usury (riba) because it is selling deferred money for advanced money, and it is a condition for the validity of this transaction that payment is made on the spot.

`Umar narrated : “The Messenger of Allah (peace be upon him) as saying: Gold for gold is interest unless both hand over on the spot.” (Agreed upon)

Second: The sold item is unknown in terms of amount and value, and the Islamic Shari`ah stipulates that it should be known.

Third: There is gambling and gharar (uncertainty) since the buyer could make a profit or lose, and the Shari`ah prohibits such transactions.

In conclusion, one who has sold the traffic accident sketch of his car in return for a certain amount of money should repent to Allah the Almighty and return that amount to the buyer, then collect the compensation from the insurance company. However, if he couldn’t return that money immediately, he remains liable for it until he pays it off.

Almighty Allah knows best.




About General Iftaa' Department in Jordan

Add Comment


find out more!