Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 02-11-2015

Resolution No.(1) by the Board of Iftaa`, Research and Islamic Studies:   
 “ Sharia Ruling on Lease Premium “

 

Question: What is the ruling of Sharia on lease premium and the money paid against that, and is it permissible according to the rulings of Islamic Sharia?
Answer: All perfect praise is due to Allah, The Lord of The Worlds; and may His Blessings and peace be upon our Prophet Mohammad and upon all his Family and Companions.

Ijarah(hiring) is permissible in Islamic Sharia since the Prophet(PBUH) was sent to humanity  while people were leasing and taking on lease, so he permitted that. It is well known that Ijarah is a contract whereby two parties agree upon a certain benefit in return for a compensation, that is money.
Ijarah is actually purchasing a benefit, and it is permissible to conclude an Ijarah contract upon lawful benefits, so the benefit of the leased estate is the right of the lessee, and so he enjoys the right of staying in the estate upon which the leasing contract has been concluded. Islamic Sharia has given a lessee the right of staying and residing in the leased estate, so none has the right to drive him/her out of it, and this right has a financial value according to Islamic Sharia as well as custom.
If a lessee was driven out of the estate without being paid the value of that right(lease premium), he/she may not be able to find a similar one without paying substantial amounts of money.
A lease premium is an integral part of the rent that has been agreed upon by both parties(lessor and lessee); therefore, it is permissible that the lessee pays it to the owner as a part of the rent i.e. the value of the benefit. The lessee is also permitted to sell his right in this benefit and take the lease premium from whoever wishes to purchase it for a price higher, or  lower  than that which he had paid to the owner in the first place.
On the other hand, Muslim jurists  permitted employing such a method on the estates pertaining to Islamic Awqaf(endowments) during the tenth, ninth, and eighth  centuries (H). They passed a legal ruling which  states that the Awqaf administrator has no authority to drive a lessee out of an estate so long as the latter is willing to pay the rent agreed upon in the contract. This way, Muslim jurists have given the lessee of an Awqaf estate the right to remain in it and permitted him to receive a lease premium in case he wished to vacate the estate. By analogy, it is permissible for a lessee, in ordinary types of estates, to demand a lease premium so long as the law grants him the right to stay in the estate even after the expiry of the contact. The law permitted this as a regulative measure  meant to prevent injustice, and after consulting people of sound opinion and expertise; it is parallel to putting price tags on commodities to prevent traders from rigging prices.

It is a purely commercial transaction that  involves buying and selling beyond suspicions of Riba(usury), or unlawfulness; therefore, contracting parties aren`t considered sinful so long as the contract has been concluded with their mutual consent. It is also impermissible for any party to revoke the contract except with the consent of the other party.

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Summarized Fatawaa

What is the ruling on memorizing the Quran during menstruation, knowing that I do not read directly from the Quran but from a paper or from my phone?

It is not permissible to memorize the Quran during menstruation because memorization requires repetition, and a menstruating woman cannot touch the physical pages of the Quran. Similarly, if the Quranic verses appear on the screen of the phone, it is considered like touching the Quran. And Allah Knows Best.

Is everyone obligated to follow the fatwas of his country, and if we adopt the fatwas of scholars of other countries, is it considered a sin?

All perfect praise be to Allah, The Lord of The Wolrds and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.

It is permissible for the person who isn't specialized in Sharia sciences to apply the opinions of renowned scholars whom he trusts ,whether they be from his own country or not ,but if the scholars have different opnions regarding a certain issue/matter, then he must consult someone who is more knowledgeable than himself .It is preferable that you (the questioner) specify the case of your interest ,so that we could give you a more specific answer since some scholars deliver fatwas based on illogical/atypical opinions which should not be applied no matter what .And Allah The Exalted Knows Best.

Is it permissible for a sick person to pray while sitting on a chair?

All perfect praise be to Allah, The Lord of the Worlds                                                                                                                                                                        It is permissible for a sick person, who is unable to stand up, to offer prayer while sitting on a chair. If he/she was unable to prostrate while on the chair, the he/she should pray while sitting on the ground, but if he/she was neither able to bow (Roku),nor to prostrate, then he can do them while sitting on the chair. And Allah Knows Best.

Should the Zakah (obligatory charity) giver tell the poor recipient that this is the Zakah of his money?

No, he shouldn`t. But, the Zakah giver should make an intention in his heart that it is the Zakah of his money when paying it to the poor. And Allah Knows Best.