The Creed of Compassion-Islamic Teachings & Answering Doctrinal Misconceptions

Issue No.1850- The lease contract is an agreement under which someone rents out himself or his property to someone else. The person who gives something on lease as well as the person who takes it on lease should be mature and sane, should conclude the agreement with intention and out of free will, and they should legally be allowed to utilize their properties. Hence, it would be invalid to enter a contract with a mentally incompetent individual who is not able to manage his/her properties properly and uses them wastefully.

Issue No.1850- The lease contract is an agreement under which someone rents out himself or his property to someone else. The person who gives something on lease as well as the person who takes it on lease should be mature and sane, should conclude the agreement with intention and out of free will, and they should legally be allowed to utilize their properties. Hence, it would be invalid to enter a contract with a mentally incompetent individual who is not able to manage his/her properties properly and uses them wastefully.

Issue No.1851- A person can become the agent of another person and rent out his property on his behalf. Similarly, the legal guardian of a minor can give his property on lease, provided that it is in his interest, and the obligatory precaution is that the period after his maturity [1] should not be included in the lease agreement unless the minor’s interest is not realized otherwise. In case the minor has no guardian, one should get the Mujtahid’s permission, and if he does not have access to a just Mujtahid or his representative, he should get the permission of a just believer who can observe the interest of the minor.

Issue No.1852- The formula for lease can be pronounced in Arabic, English or any other language. Therefore, it will suffice if the owner says to a person, “I have leased out that property of mine to you for such and such amount and for such a period of time,” and the other one says, “I have accepted it.” It is also sufficient if the owner gives his property to the lessee with the intention of leasing it out, and the lessee takes it.

Issue No.1853- If a person is hired for doing some work without reciting a formula, the hire contract will be in order as soon as he starts doing that work at the request of the party involved.

Issue No.1854- A person who is not able to speak if he makes it known with indication that he has given or taken a property on lease for a certain amount and for a specific period, it will be in order.

Issue No.1855- A person who has taken a house or a shop or any other thing on lease, cannot lease it out to any other person, unless such a right has been given to him.

Issue No.1856- A person who has taken a house, a shop or a room on lease, and has the right to sublet it to someone else, cannot sublet it for a higher amount than that, unless he has carried out some work on it (e.g., repairing, white washing, or placing a cupboard or carpeting it) in which case, he takes the extra amount for the work.

Issue No.1857- If a labourer or a person is hired and employed by someone, the hirer cannot lease out his services to another person, unless it is understood from his words or action that the hirer has the option to do so. Then, in such a case, it is not permissible as an obligatory precaution, if he takes more money than the agreed wage for the hired person. However, this is permissible in cases other than a house, shop and a hired person.

Issue No.1858- The following conditions should be acquired in the property given on lease:1) It should be specified. Hence, if a person says, “I give one of my houses or one of my cars on lease,” it is not in order.2) The person taking the property on lease should see it, or the owner should describe its features completely.3) It should be possible to deliver it. Hence, leasing out a horse which has run away that the hirer cannot get hold of will be void.4) The property should not perish or be consumed through its utilisation. Hence, it is not correct to give bread or fruits on lease.5) It should be possible to utilise the property for the purpose for which it has been given on lease. Hence, it is void to give a land on lease for farming, which cannot be cultivated or does not have sufficient water for irrigation.6) The item which a person gives on lease should be his own property or he should have authority on behalf of its owner in leasing it out.

Issue No.1859- It is in order to give a tree, farm, or a pasture on lease for utilising its fruit and grass, respectively.

Issue No.1860- A woman can be hired for her milk, and it is not necessary for her to get her husband’s permission. However, if her husband’s right is affected owing to her giving milk (to the child of another person), she cannot take up the job without the permission of her husband.