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Can you take security deposit from a tenant?

Answered as per Hanafi Fiqh by Jamia Binoria
(1) When someone is going to rent out his shop, some money is taken from the tenant so that if any damage occurs, it will be covered from that money. And if no damage occurs, the money will be given back to the tenant. Is this permissible? (2) Is it sinful to do something that is Makrooh Tanzeehi?

الجواب حامدا و مصلیا

(1) In the mentioned situation, it is allowed as per Shari’ah to take an amount from the tenant as a security deposit, on the condition the amount of rent is not increased or decreased based on the amount taken as the security deposit.
(2) Even though one may not be sinful for doing something that is Makrooh Tanzeehi, such actions are disliked and not encouraged as per Shari’ah, and hence one should refrain from them.

This Q&A was indexed from the official english fatwa portal of Jamia Binoria. It is an Islamic educational institute in Karachi, Pakistan.

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