Can Doctors Carry Malpractice Insurance if Required to Practice?

Answered by Mawlana Ilyas Patel

Question

Is it permissible for doctors to carry malpractice and liability insurance and bill through insurance if required to practice, even if the profession itself is not a necessity?

Answer

In the Name of Allah, the Most Merciful and Compassionate

I pray you are in good faith and health. Thank you for your question.

The profession of medical practice is a communal obligation and one of the most important of all.

Doctors facing heavy court-imposed fines and financial burdens may be allowed to purchase malpractice, general liability, and bill insurance if they wish to open their own practice to protect themselves from future harm.

This exception is to the general rule that insurance is impermissible in situations where the law requires it (e.g., car insurance) or where not having it causes hardship (e.g., medical insurance in the U.S.).

In these situations, having insurance is considered permissible.

This can be understood from the jurisprudential principles: “The lesser of two harms may be taken,” “Harm is to be removed,” and “ward off difficulties and severe hardship.” [Zarqa, Sharh al-Qawa’id al-Fiqhiyya]

Please go through the valuable answers and links below. In sha Allah, they will provide you with guidance and direction.

Related Answers

• https://seekersguidance.org/answers/halal-and-haram/is-it-permitted-to-take-out-an-optional-dental-insurance-plan/
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• Islamic Guidance on Contemporary Healthcare Issues
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I pray this helps answer your question.

[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.