I am a medical practitioner and was contracted to a medical scheme for 5years. Last year, I terminated the contract. Subsequently, the medical scheme became insolvent.

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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?

Mufti Ebrahim Desai · Accepted Answer

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)

Mufti Ebrahim Desai

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