The Creed of Compassion-Islamic Teachings & Answering Doctrinal Misconceptions

Issue No.1869- If the lessor engages in delivering the leased property, the lessee should pay the rent, even though he may refuse to take it, or may take it but not utilize it.

Issue No.1870- If a person is hired to do a job on a particular day and is ready on that day to perform the task, the hirer should pay him the wages even if he does not entrust that task to him. For example, if a builder is hired to build a building on a fixed day, and he is ready to do work on that day but the hirer does not give him the work to do, he should pay the wages of the builder if he remains without work on that day. In this case however, if he works for himself or for another person, he should, as an obligatory precaution, get the balance from the owner of the first work provided that the wages of the second job is less than that of the first one.

Issue No.1871- If it transpires after the expiry of the period of lease or during the lease that the lease contract was void, the lessee should give the usual rent of that item to the owner, irrespective of whether the rent is less or more than the amount of the contract. For example, if the usual rent is £1000.00 a month, and if he has rented it for £500.00, or £2000.00 a month, he should give only £1000.00.

Issue No.1872- If a thing taken by a person on lease is lost, or becomes defective, and if he has not been negligent in looking after it nor extravagant in its use, he is not responsible. If, for example, a cloth given to a tailor is stolen, or destroyed in fire, and if he has not been negligent in looking after it, he is not responsible. However, if by mistake, or any other reason, he has destroyed or made it defective with his own hand, he is responsible. However, if the defect is in the item itself, for instance, the quality of the fabric is such that it will be ruined by ironing, in this case he is not responsible.

Issue No.1873- If a butcher cuts off the head of an animal in a wrong way, and it becomes haram, he must pay its price to its owner, regardless of whether he charged him for slaughtering the animal or not, and the butcher shall not claim any wages.

Issue No.1874- If a person takes an animal on hire for transporting fragile goods, and if the animal slips or stampedes and the load is broken, the owner of the animal is not responsible. However, if the owner beats the animal or leads it on an unsafe road, etc., and the animal falls and breaks the goods he (the owner of the animal) is responsible. This rule also applies to a vehicle which is turned over, and its load is destroyed, if it is due to his negligence or his failure, he is responsible for the loss. But if the vehicle is faultless and it breaks down and turns over due to some reason as a result of which the load is destroyed, he is not responsible.

Issue No.1875- If a surgeon while operating on a patient or circumcising a child causes an injury to the patient or the child on account of negligence, or causes his death, he is responsible. Also, if he makes a mistake and as a consequence of which the patient sustains harm, he is responsible. However, if he has not neglected and has not made a mistake and the patient becomes defective or dies due to other factors, he is not responsible, provided that he had acted, in respect to the child, with his legal guardian’s permission.

Issue No.1876- If a doctor prescribes a medicine for a patient or gives him some medicine or gives him an injection and makes a mistake in the treatment and the patient sustains harm or dies, he is responsible.

Issue No.1877- In order for a doctor or a surgeon to not be responsible for an error or mistake that he may commit, he can tell the patient or his legal guardian that if the patient sustains harm, he will not be responsible, and he accepts it, in such a case, if the doctor or the surgeon exercises the necessary precaution and care in the treatment and the patient sustains harm or dies, he will not be responsible.

Issue No.1878- The lessee and the lessor can revoke the lease contract with mutual consent. Also if a condition was laid down in the lease contract that one or either of them would have the option to cancel the contract, they can do so as per the agreement.

Issue No.1879- If the lessor or the lessee realises that he has been cheated, and if he was not aware of the price before the contract, he can cancel the lease contract. However, if a condition is laid down in the contract of lease that even if the parties are cheated they will not be entitled to cancel the contract, they cannot cancel it.

Issue No.1880- If a person gives something on lease to a person, and before he delivers it to the other party, it is usurped, the lessee can either cancel the lease contract, or wait and take back the rent for the period the item remained in the possession of the usurper. However, if after the item is delivered to the lessee, someone usurps it, he cannot cancel the lease contract.