IslamQA

Lease agreements

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: Please advise on lease agreements:

1. Is it necessary for a formal lease agreement contract to be in conformity with the Shariah? I understand that any faasid, baatil, or haraam conditions made compulsory by the Government will be excused.

2. Also, is it possible that on account of a lease agreement with faasid, baatil, or haraam conditions, the rent the lessor receives will be haraam money?

Bismillaah

A:

1. One is a document that is worked out for legal purposes and one is the actual lease agreement between the both parties. What is required is to ensure that the agreement that is taking place between both the parties has to be in conformity with the shari`ah.

2. We need to know the exact conditions to say whether it is halaal or haraam.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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