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anonymous
04-16-2010, 03:29 PM
Salam alaikum.

If a man buys a taxi on finance involving interest and then obviously he has to have it insured which is also interest based, are all his earnings haram? He has done this as a last resort after not being able to find work for many years.
Bearing in mind that this is done against the will of his wife what should she do? Should she refuse to use any of the money he earns for her and their children? She has earnings of her own.

Jazakallah khair
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AhmadibnNasroon
04-17-2010, 01:10 AM
Buying something on interest is haram by consensus of the scholars, as for the situation you have presented, its best to take it a scholar and have him explain the full situation to him and see what he says.
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cat eyes
04-17-2010, 04:06 PM
format_quote Originally Posted by AhmadibnPhilip
Buying something on interest is haram by consensus of the scholars, as for the situation you have presented, its best to take it a scholar and have him explain the full situation to him and see what he says.
brother if insurance on a car is haraam then what are the scholars driving around in? some things can be allowed. op i would ask imam about this. all i know that interest done on purpose without any care in the world is haraam and the kids should not be taking anything from haraam means nor the wife. its a big sin. but in every european country you have to pay insurance on a car. a person has no other choice
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AhmadibnNasroon
04-17-2010, 08:35 PM
format_quote Originally Posted by cat eyes
brother if insurance on a car is haraam then what are the scholars driving around in? some things can be allowed. op i would ask imam about this. all i know that interest done on purpose without any care in the world is haraam and the kids should not be taking anything from haraam means nor the wife. its a big sin. but in every european country you have to pay insurance on a car. a person has no other choice
Assalamu 3laykum ukhtee,

The question you ask is a good one and it has to do with duroor (compulsion). The scholars classify duress under two categories

1- Loss of life/limb

2- Hardship

And the 'asl is based off of the hadeeth in ibn Maajah related by Abdullah ibn Abbas that the Prophet sallallaahu alayhi'wa'salam said,

"Allah has pardoned for me my people for [their] mistakes and [their] forgetfulness and for what they have done under duress."

So since in the west having a car is not accessible without having insurance, it complicates one's life and causes many hardships for a person where work/school is concerned. So the ulemma permit it under the second type of duroor.

The OP mentioned more than that though. It was mentioned that the individual is buying a taxi and paying for it by financing it (i.e., riba'a) but that is why I told her take this specific situation and explain it to a scholar.

As for the proof that Insurance is haram, then please read here...

http://islamqa.com/en/ref/8889/Insurance

Hope this is clear, wa'salamun 3laykum
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Hamza Asadullah
05-03-2010, 10:48 PM
format_quote Originally Posted by anonymous
Salam alaikum.

If a man buys a taxi on finance involving interest and then obviously he has to have it insured which is also interest based, are all his earnings haram? He has done this as a last resort after not being able to find work for many years.
Bearing in mind that this is done against the will of his wife what should she do? Should she refuse to use any of the money he earns for her and their children? She has earnings of her own.

Jazakallah khair
Asalaamu Alaikum Wr Wb, here are two similar questions that were asked to yours and the scholarly replies to them:

Question 2: i would like to know due to tax purposes is it permissible to finance a vehicle

Answer:

It is permissible to finance a vehicle provided the finance is structured within the Shar?ee guidelines.

You should approach your bank, even if it is a normal conventional bank, and request them to structure a deal in a manner that conforms to Shar'ee regulations.

and Allah Ta'ala Knows Best

Question 2:

1)A bank is willing to finance me for a car at a fixed rate over 48 months. The rate is calculated at a percentage (2% over prime) and remains fixed over the period even if the interest rate changes. The Car's onwership/title remains with the bank until final payment. Am I allowed to accept this type of agreement? 2)According to the bank (reserve bank laws) I have to insure this financed car. Would it be ok to then accept it with insuring the car?

ANSWER:

1. Such finance schemes are permissible on condition that the bank in effect purchases the vehicle from the dealer and resells it to you at a profit whilst you are required to pay a monthly instalment that is predetermined by agreement between both parties.

Also, since it was resold to you, you are the current owner of the vehicle, even if the log book is kept by the bank. Only with these conditions will the financing be in order.

2. We suggest you request the bank to take out insurance and add the monthly premium to the cost of the vehicle.

and Allah Ta'ala Knows Best

Sheikh Mufti Muhammad Kadwa
FATWA DEPT.
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MaroccainPride
05-06-2010, 04:27 PM
What else can the man do? He can't find work. But it's smarter to lend some money from family and then give it back when you earn it with his taxi bussiness. That's what i would do...
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