Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

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

Date Added : 25-01-2018

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. And Allah Knows Best.

 

The Board of Iftaa'

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Summarized Fatawaa

Is it permissible to authorize charitable organizations to perform the Udhiyah on one`s behalf?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible to authorize charitable organizations to perform the sacrifice (Udhiyah) on one’s behalf. However, if these organizations undertake the slaughtering for a group of people, those in charge of the slaughtering must maintain lists of the names of those who authorized them. Furthermore, at the time of slaughter, the slaughterer must intend that the specific sacrifice is on behalf of a specific person. And Allah the Almighty knows best.

What is the ruling on performing the Witr prayer as a single rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to perform the Witr prayer as a single unit (rak‘ah). It was narrated from Ibn ‘Umar that a man asked the Messenger of Allah ﷺ about the night prayer, and the Messenger of Allah ﷺ replied: 'The night prayer is offered two by two (mathna mathna). If one of you fears the approach of dawn, let him pray a single rak‘ah to make what he has prayed odd-numbered (Witr) for him.' (Related by al-Bukhari & Muslim)). However, limiting the prayer to only one rak‘ah is considered 'contrary to the preferred way' (Khilaf al-Awla).
 
It is stated in Al-Minhaj al-Qawim Sharh al-Muqaddimah al-Hadramiyyah (p. 137): 'The minimum of Witr is one rak‘ah, but limiting it to that is contrary to what is best.'
 
The most complete form of Witr is eleven units, while the minimum level of 'perfection' is three units. It is stated in ‘Umdat al-Salik (p. 60): 'The minimum of Witr is one rak‘ah, and its maximum is eleven, performing the taslim (salutation) after every two units. The lowest level of perfection is three units with two separate taslims (meaning 2+1).' And Allah the Exalted knows best.

How should I deal with the whispers of the devil with regard to ablution and purity?

Whispers in ablution are from the devil, and so you should take refuge in Allah from the devil`s evil suggestions that aim to distort the religion. Thus, once an organ is completely pure, don`t question its purity since having whispers doesn`t mean that the purity is invalid as it has already been established.

If someone delays making up fasts for a year, can they give fidyah before performing qada?

Yes, it is permissible to give fidyah before making up the missed fasts (qada), because each is an independent obligation, and there is no required order between them.