The Creed of Compassion-Islamic Teachings & Answering Doctrinal Misconceptions

Issue No.1861- The benefits for which the property is given on lease carries four conditions:1) It should be halal. Hence, leasing out a shop or a car for the sale of alcoholic drinks or transportation of alcoholic drinks, respectively, is void.2) Paying money for such services should not be futile in the eyes of the public.3) If the item which is being leased out can be used in different ways, the use(s) for which the lessee is permitted should be specified. For example if an animal which can be used for riding or for carrying loads, is given on hire it should be specified whether the lessee may use it for riding or carrying loads, or for either uses.4) The period of lease or hire should also be specified.

Issue No.1862- If the time of commencement of a lease is not specified it commences after the recitation of the formula of lease or after taking possession of the property.

Issue No.1863- If a house is leased out, for example, for one year, and it is stipulated that the period of lease will commence one month after the recitation of the formula, the lease contract is in order, even if another lessee is in possession of the house at the time of reciting the formula.

Issue No.1864- If the lessor says to the lessee, “I have leased out this house to you for one month on a rent of £500.00, and so long as you stay in it thereafter the rent will be the same”, the lease will be in order only for the first month, because the rest has not been specified. However, if the first month is not specified also, and he only says that the rent is £500.00 a month, the lease is completely void.

Issue No.1865- In hotels or guest houses where one does not know how long he is going to stay there and he settles with the landlord that he will, for example, pay £10.00 per night as rent and the landlord also agrees to it, there is no problem in using the house. However, as the period of the lease has not been specified, the lease is not in order. Hence, as long as the landlord is agreeable to his stay, he can stay there; otherwise he will not have any right. Nevertheless, if the number of nights is specified from the beginning, he has the right to stay there until the end of the period.

Issue No.1866- If a land is given on lease for growing wheat or barley or any other crop and the wheat or the barley or other products that will be produced from that land is treated as its rent, the lease contract will not be in order.

Issue No.1867- If a person has leased out something he cannot claim its rent until he has delivered it to the other party, and in case a person is hired to perform an act, he cannot claim wages until he has performed that act.

Issue No.1868- It is recommended that a person’s wages be given to him before his perspiration dries. However, if the worker himself does not want to take his wage and he wants, for example, to be paid monthly, there would be no problem.

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.