Jamiatul Ulama KZN Council of Muslim Theologians
Question and Answer:
- One of my suitcases on a flight got lost. After weeks of calls and emails and a great amount of inconvenience, the airline has decided to compensate me. They are asking me for the value of the contents of the suitcase and the cost of some replacement items that I would have purchased.
There is no way of accurately or even guessing the value of the lost suitcase. I did not purchase any replacement clothing either.1. How do I provide them with a value?
2. Can I claim the maximum that the airline offers?
3. Can I claim replacement costs even though I haven’t bought any replacement items?
4. Can I claim for the inconvenience caused?
- 1. Providing a Value: The value you should provide to the airline would be the replacement cost of the luggage and its contents. If you do not know the exact cost, you should give your best, honest estimate.
- Claiming Maximum Value: You may not claim the maximum value offered by the airline unless the replacement cost of your lost items amounts to this maximum.
- Claiming Replacement Costs: You may claim the replacement cost even if you have not bought any replacement items yet. The claim should reflect the cost to replace the lost items, regardless of whether you have actually made the purchases.
- Claiming for Inconvenience: You may not claim compensation for the inconvenience caused. [Hindiyyah 4:359].
And Allah Ta’ala Knows Best
Mufti Moosa Salie
Mufti Taahir Hansa
(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.)
Fatwa Department
Jamiatul Ulama (KZN)
Council of Muslim Theologians
223 Alpine Road, Overport
Durban, South Africa
Tel : +27 (0) 31 2077099
Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za
