Refund on lost luggage

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Nasihah (Advice): The Believers are Trustworthy

 

Sayyiduna Anas ibn Malik Radhiyallahu Anhu reported: Rasulullah Sallallahu Alayhi Wa Sallam said, “The believer is one who is trusted by people. The Muslim is one from whose tongue and hand other Muslims are safe. The emigrant is one who emigrates away from evil. By the one in whose hand is my soul, a servant will not enter Paradise if his neighbour is not secure from his harm.” [Ibn Hibbaan 515]

 

______________________________

 

Question and Answer:

 

  1. Q. 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 pay 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 for replacement cost even though I haven’t bought any replacement items?
  4. Can I claim for the inconvenience caused?

 

  1. The value to provide would be the replacement cost of the luggage and its contents. If you do not know the exact cost, you may provide your best, honest estimate. Whether you replace the items or not is your choice.

 

You may not claim the maximum value unless the replacement cost amounts to this.

 

You may not claim for the inconvenience. [Hindiyyah 4:359]

 

And Allah Ta’ala Knows Best

 

Mufti Muhammed Hamza Farooqui

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

 

 

 

 

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