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Can Muslims take a 3-year mortgage lease with deductions?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
askm sir the question is that i have taken the house for mortagelease for 3yrs.in bangalore. for rs 6lakhs.the owner of the house is agreed for this.and we r not paying the rent for this. only the water and the eletricity bills we r paying.after the complete of the 3yrs we getting back the money.with dection of the mantiance amount.is permissble in islam.we have told the house owner to take rs500.00 as monthly rent.but he did want the monthly rent.because the house he has purchase 50% bank loan he has taken.he also muslim.i want to know is leasemaortage house is premissible is islam.and r we have 2 pay the zakat for this amount which is not with us right now.kindly reply this immdeitly. no2.my brother has taken the house for rent in bangalore for monthly rent.he has paid rs 1lakhs as advance and rent rs 7500.00.want to that he has to pay zakat for for one lakhs which he has given the advance.which he get back after the 11 months agrement.

Answer

(Fatwa: 1682/1534/B=1430)

To take or give house on pagdi which is prevelant today is not lawful in Islam. If the amount of that pagdi is as deposit i.e. it will be returned to the buyer, then it may be permissible. To take house only for three years and receive benefit from it is not lawful, because this is mortgage (rahan). Moreover, it is not lawful for mortgagee to receive benefit from mortgaged things, though the mortgager allows it.

2. When the amount of two lakh given in advance will be received after two months, so Zakah on that amount is wajib.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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