Bidvest Roadside Assistance: Shariah Compliant or Not?
Question:
Assalamu Alaykum. I purchased a vehicle and it comes with a 1 year roadside assistance plan eg-if anything happens they will assist free of charge. bidvest Mccarthy is the company that offers this service. they have offerred us an upgrade of their services if we pay 37 rand monthly. This upgrade includes medical services, maintenance fees and some other perks. Is it permissible to upgrade this service and pay for it which will allow us to benefit from their services should the need arise?
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
We understand that the Bidvest Mccarthy group provides a roadside assistance plan for a fixed fee in exchange of roadside assistance, legal assistance, medical assistance, etc. Essentially you pay a fixed fee in exchange of such services.
Our view is that such an agreement in general is permitted since the Bidvest company would be availing their resources and services to you in exchange for a fixed fee. This is termed as Ijarah Mushtarakah/combined service and is similar to that of a wet nurse/Zi’r, security company among other examples. These service providers avail their time, resources and services for a fixed fee/Ujrah although one may never actually use their services. This is not the same as conventional insurance as in that instance, the risk of the actual asset is transferred in exchange for a fixed fee. In that instance of conventional insurance, the item of sale/Mabee is the transferral of risk/Dhaman for a fee which is prohibited. Furthermore, the company in the case of roadside assistance does not pay for any damages or items to be replaced like a car battery, etc. They simply provide a service which is available should you require same.
In summary, we are of the opinion of the general concept of roadside assistance. Kindly send us the actual underlying terms and conditions for our specific opinion.
And Allah Ta’āla Knows Best
(Mufti) Ismail Desai
Chairman of Shariah Board and Fatwa Committee,
Darul Iftaa, Durban, South Africa
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and Allah Ta'ala Knows Best
Mufti Ismail Desai
Darul Iftaa
Durban, South Africa
Disclaimer The views and opinions expressed in this answer belong only to the author and do not in any way represent or reflect the views of any organizations to which he may be affiliated with. The opinions and educational information proffered in this communication are based on the jurisprudential understanding and available knowledge of the author. Given that contemporary issues and interpretations of contemporary issues are subjective in nature, another scholar may reach different juristic inferences and conclusions to those as expressed by the author. Whilst every effort has been taken to ensure total academic integrity and honesty, the author is open to corrective measures based on sound academics and juristic inferences. The Shari’ah ruling given herein is based specifically on the specific scenario in question. The author bears no responsibility towards any party that acts or does not act on this answer and is exempted from any and all forms of loss or damage. This answer may not be used as evidence in any court of law without prior written consent from the author. Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.
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