Sale of disputed rights: Selling the Krooka as a model (A comparative study)

Abstract

      This study aims to clarify the Islamic legal ruling on the sale of disputed rights in Islamic jurisprudence and civil laws in Arab countries. The study focused on a phenomenon that has begun to spread among people, which involves the owner of a "Krooka" selling it to a lawyer for a certain amount so that the lawyer can replace him in claiming financial compensation from the insurance company, either due to the owner's unwillingness to wait for the compensation or his disagreement with the compensation determined by the insurance companies. The study concluded that this sale is not permissible, as it falls under the category of selling a debt to someone other than the debtor, which the majority of jurists consider impermissible. The study made several recommendations, including that the Bar Association should take deterrent measures against lawyers who engage in such transactions and that insurance companies should improve their performance so that policyholders are not compelled to deal with these speculators.