Signing an insurance contract and escaping its implications : signing an insurance contract then claiming it is not binding

Fatawa Question

Assalamu Alaikum brothers, my question was regarding contracts (insurance). I heard that during the time of the Prophet (SAW) his wife Aisha (RA. A) agreed a contract to free a slave, it turned out that this contract was denying some Islamic principles hence it was an un-Islamic contract, on meeting the prophet (SAW) he told her to ignore the un-Islamic terms of the contract (as she wasn't bound by it). What I want to know is can this Hadith be used to justify signing a insurance contract, because you could sign the contract and ignore the un-Islamic terms which exist in the contract and hence you wouldn't be bound by it. If so, can't we then say that Muslims can sign any un-Islamic contract because they will not be bound by it ? Furthermore I've heard people say you can sign a Haram contract as long as you sign with the intention of attaining the actual paper (of the contract) and not agreeing to the contract itself, is this correct ? Assalamu Alaikum

Fatwa

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Publication Date

2002-03-27

Main Subjects

Financial and Accounting Sciences
Religion
Islamic Studies

Topics

• Islamic jurisprudence
• Contracts
• Insurance
• Insurance policies

No. of Pages

2

Data Type

Fatawa

Language

English

Record ID

BIM-724253

• APA
• MLA
• AMA