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Tenant and Landlord Rights

Answered as per Hanafi Fiqh by CouncilofUlama.co.za

Q: I am currently renting a property from a Muslim Landlord. We have no written lease agreement. We have recently been informed that the landlord intends to convert the garage into a classroom so that his son may offer tuition to schoolchildren. We have objected as this would be a breach of my family’s privacy having groups of people move through the yard into the garage but have been told that we have no choice as this is his property.

Please advise what is the Islamic ruling on the following:
1. Does the landlord have the right to utilize the garage even though it would be a serious breach of my family’s privacy? Please note that I am married. The access to the garage would be the driveway adjoining the kitchen so that my wife will be visible to everyone as she is busy in the kitchen.
2. In the event that the usage of the garage is not permissible Islamically, we are in a situation where the landlord is determined to push ahead with hisr plans anyway. Please advise what is the status of the
income derived from this? Will it be Halaal or Haraam?


A:If you are renting the property including the garage, then he cannot use the garage. But if you rented the property excluding the garage then he has full right to access and use the garage.

You will have to make an arrangment that will prevent others seeing you wife when she is in kitchen. We suggest that you explain the situation to him and request her to make another pathway to the garage. If he refuses, there is nothing you can do.

If the garage is not a part of your rented property and he hires it out to someone else, that income will be Halaal for him.

Allah Ta’aala knows best.

This answer was collected from CouncilofUlama.co.za, which is operated under the supervision of Council of Ulama Eastern Cape, South Africa.

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