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Resolutions of Iftaa' Board

Resolution No.(1)“ Sharia Ruling on Lease Premium “

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 should a person, who doubts the validity of his Wudu, or over performs it, do?

One who doubts the validity of his/her Wudu while performing it should redo it until he/she is certain of having attained purity. But, if doubt was after having performed Wudu, then he/she should not pay attention to that as doubt after the end of an act of worship does not count. This is of course in case doubt was within the reasonable limits since once it goes beyond that, it becomes a whispering of the Shaytaan (devil) which he/she should ignore as the Wudu is valid.

What is the ruling on fasting for those with diabetes, heart disease, high blood pressure, kidney disease, or ulcers?

● A sick person who is completely unable to fast is exempted from fasting and must offer fidyah (feeding a needy person), as Allah Almighty says {what means}: "and [in such cases] it is incumbent upon those who can afford it to make sacrifice by feeding a needy person." [Al-Baqarah/184]. They are not required to make up for the missed fasts.
● A sick person who can fast on some days but not others should fast when able and make up the missed days after Ramadan when possible. No fidyah is required in this case.
● If fasting during the long, hot summer days is too difficult for a sick person, but they can make up the fasts during the shorter, cooler winter days, they should break their fast and make up for it when they are able, without fidyah.

Who is responsible for performing the aqiqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The one upon whom the 'aqīqah is incumbent is whoever is obligated to financially maintain the newborn — whether the father, paternal grandfather, or mother. It is to be performed from their own wealth, not from the wealth of the newborn child.
As for one upon whom the financial maintenance of the newborn is not obligatory, they may not perform the 'aqīqah except with the permission of the one upon whom it is obligatory — namely, the father. And Allah Almighty knows best.

Is it valid to share in the 'aqīqah by contributing a seventh share of a camel or cow?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
Yes, it is permissible. If a group of people jointly share in the slaughter of a camel or a cow on behalf of seven individuals, this is valid — regardless of whether all of them intend the 'aqīqah, or some intend the 'aqīqah, others the uḍḥiyyah, and others simply the purchase of meat. And Allah Almighty knows best.

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