Paying a penalty if one delays in paying an instalment and Takaful insurance when purchasing a car

Q: I'm buying a car from a bank as "Car Ijarah", but I have two confusions;

1. From which bank I buy a car as per "Car Ijarah", they also ask us to sign on the contract where the condition is "If I delay the monthly installment then I've to pay some extra money as charity" as per their saying, but Alhumdulillah we have a shop and we are sure that we will be able to pay all installments on the time or before the deadline. So If I sign the contract and pay all the installments on the time will it be halal to buy that car from the bank?

2. The bank also want us to pay some extra money in down payment for takaful insurance of that car because in the period of installments which is 2 or 3 years the car owner of that car will be the bank, and as per we believe that insurance is haram so can we pay that money also? Because the owner is bank and after the period of installments they'll gift us that car.

A:

1. This clause is pure interest. You may request the bank to delete the clause and should give them your assurance that you will respect the payments on time.

2. There is no difference between takaful and insurance, and insurance has the elements of gambling and interest.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)