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

Is it permissible for a woman whose menses exceeded (15) days to pray, fast and do what was prohibited on her to do during the latter period?

If the menses exceeded 15 days then it is deemed menstruation, and in this case she is obliged to pray and fast and to do what was impermissible for her to do during the latter period. In addition, she is obliged to make an ablution for each obligatory prayer after it's due time and making sure that impuity is removed. Finally, your menstruation period is over (Questioner) simlar to your menstruation in the previos month.

Is it permissible for a man to lie to his wife? Is it permissible for a man to abandon his wife to work in Saudi Arabia, without her approval, although he is wealthy?

All perfect praise be to Allah, the Lord of the Worlds; may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
The Messenger of Allah commanded men to treat women kindly, so marital problems should be solved through understanding, and whatever causes harm to a woman is forbidden. And Allah The Almighty Knows Best.

Is it permissible for a teacher to have one of the school meals originally allocated to students considering that there is plenty of them and they may spoil?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
The Ministry of Education has the final say in this regard because it isn`t allowed to take from public funds save with the permission of the body in charge of spending from it. In fact, we have sent a letter to the Ministry concerning this issue and we are waiting for an answer. However, to prevent spoilage of the meals, they can be sold and the price kept in favor of the students or distributed amongst the students themselves. And Allah The Almighty Knows Best.

What is the ruling on staring at the Holy Ka'abah?

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

Staring/looking at the Holy Ka'abah is an act of worship even if this took place while performing a prayer, since Al-Baihaqee stated that the Prophet (PBUH) said: " Staring at the Holy Ka'abah is an act of devotion." [Sho'aab Al-Imaan]. And Allah Knows Best.