Aslaamu alaykum,
I am a member of a gym. I pay monthly to use the gym. In May, I paid in the beginning of the month. However, the gym suddenly closed for 2 weeks for refurbishing. Do I legitimately have a claim to get two weeks payment back?
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
The agreement between yourself and the gym is that of an Ijārah (lease agreement). Your payment entitles you to use the facilities of the gym every month according to the terms and conditions agreed upon.
In an Ijārah, one of the conditions to make the payment binding is that the leaser must make the leased asset/service available for usage throughout the period of lease.[1] If the leased asset/service was available but the lessee did not avail or use the leased asset, he will still be liable to pay the rental.[2]
If anytime during the lease period the leased asset or service becomes unavailable, then the rental/fee will be subtracted in proportion to the period of the asset/service being unavailable.
Therefore, you are entitled to the amount equivalent for the days the gym was closed suddenly.
And Allah Ta’āla Knows Best
Mawlana Faraz ibn Adam,
www.darulfiqh.com