Question
I am a medical practitioner and was contracted to a medical scheme for 5 years. Last year, I terminated the contract. Subsequently, the medical scheme became insolvent. Some of my patients who were also contracted to the scheme refuse to pay me for services rendered to them, they state that the scheme is responsible to pay me. Is that correct?
Answer
Muhtaram / Muhtaramah
In the Name of Allāh, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh.
According to the Shari’ah, the contractual agreement with you and your patients and the medical scheme is termed as Hawalah (transferral of debts).
Therefore, in principle, the medical scheme is responsible in paying any outstanding debt incurred during the contractual period among the three parties. However, only those patients will be indebted to you directly at the time when the contract terminated with the scheme. Consequently, since the medical scheme is under liquidation, you may claim for outstanding amounts directly from the patients. The patients are duty bound to pay for the services rendered to them. (Shaami vol.5 pg.348; Tijaariyyah)
And Allah knows best
Wassalam
Darul Iftaa, Madrassah In’aamiyyah
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