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Some partners taking more benefit than others in a property

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: A family buy a property. In this property, some of the same family members, who bought the property, reside and some do not.

Because some family members are taking benefit from this house and some are not, do those who are taking benefit have to pay rent to those who are not? If those who are residing in the property have to pay rent, how will the rent be calculated?

Bismillaah

A: It is obvious that those who are staying are taking an additional benefit. The additional benefit is either a gift or they could ask for something in lieu of that benefit.

With mutual discussion and agreement. Obviously the person whose property is being used has got the right to say what he wants.

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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