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Defaulting Tenant

Answered as per Hanafi Fiqh by CouncilofUlama.co.za

Q: What is the ruling in regards to a defaulting tenant. Can the Muslim landlord hold back the tenant’s valuables and sell them to offset monies outstanding?

A: The Shariah has advised us to be lenient with our debtors as far as is possible. This will bring the mercy of Allah SWT. However, if a debtor is not financially constrained but is deliberately delaying payment despite having the means or one is not in a position to give respite in that one’s own financial condition is extremely tight then it is permissible to resort to permissible means within the law to recover one’s money. However, one should be careful in not transgressing and claiming more than what is due.

And Allah Ta’ala 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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