Professional Liability Insurance for Dietitians in Canada
Question
Assalam alaikum wa rahmatullahi wa barakatuh! I was wondering if you are familiar with services that provide professional liability insurance for dietitians in Canada that aligns with Islamic principles (takaful). In order to have and to maintain the permit of dietitians, it entails the following rules: College of Dietitians of Ontario – Liability Insurance. Jazak Allah khair!
Answer
Alhamdulillah, wassalatu wassalamu ala rasulillah, wa ala alihi wa sahbihi ajmain.
1) The Requirement
In Canada, dietitians are legally required by their professional college to carry professional liability insurance in order to maintain their license to practice. This is not optional — without it, one cannot work in the field.
2) The Issue of Insurance in Shari‘ah
- Conventional insurance contracts usually involve gharar (excessive uncertainty) and riba (interest-based investments), which is why many scholars consider them impermissible.
- However, scholars also recognize the principle of hajah (pressing need). The legal maxim states: “al-hajah tunazzalu manzilat al-darurah ‘ammah kanat aw khassah” — a pressing need, whether general or specific, may be treated like necessity.
- When the government or a professional regulator mandates insurance as a condition for lawful work, it falls under this principle.
3) Availability of Takaful in Canada
- At present, it seems as though Canada does not have a network of takaful (Shariah-compliant cooperative insurance) providers. Most professional liability insurance, including for dietitians, is offered by conventional insurers (e.g., through group policies managed by professional associations).
4) Ruling Based on the Situation
- Since liability insurance is a legal requirement tied to licensure, and no Shariah-compliant alternative (takaful) is available, it becomes permissible to take conventional coverage to the extent required.
- This follows the maxim: “yughtafaru fi al-shayʾ dhiman ma la yughtafaru fihi qasdan” — what is tolerated when incidental (here, insurance as a condition of work) is not tolerated when pursued in itself.
- Therefore, you may lawfully purchase the insurance necessary to maintain your permit, without excess beyond the mandated requirement.
Final Ruling
In Canada, professional liability insurance for dietitians is legally required, and no takaful alternative currently exists. In this case, taking the conventional policy is permissible, as it falls under hajah (pressing need) and is only sought as a condition for lawful work, not for itself. You should restrict yourself to the required coverage and intend it only as compliance with regulation.
And Allah knows best.