Cancelling A Lease
Question
In which cases is it permissible to cancel a lease transaction?
Answer
It is permissible for a person to cancel a lease transaction due to valid Shar’ee reasons. A few of them are listed below:
– If a person hires a shop to initiate a business and thereafter becomes a pauper then it will be permissible for him to cancel the lease transaction.
– If a person hires an animal for traveling and then decides not to travel then it will be permissible for him to cancel the lease transaction.
– If a person hires a house and the building collapses then it will be permissible for him to cancel the lease transaction.
– If a person hires a house in an area and then he intends shifting to another area then it will be permissible for him to cancel the lease transaction.
References (Arabic / Urdu sources)
Shami 6/76-83
Lubab 3/258
- Approved by
- Mufti Muhammed Saeed Motara Saheb D.B.
Where scholars differ, it’s safer to take the more cautious view.
Fatawa SA is an independent, read-only index of fatawa already published by Darul Ifta, Darul Uloom Azaadville. It is not a fatwa service. For your own situation, please ask a Mufti. Report an issue
For corrections or mistakes, please email us at fatawasa786@gmail.com.
Source: Darul Ifta, Darul Uloom Azaadville — https://www.iftadua.co.za/cancelling-a-lease/14540/
Fatawa SA: https://fatawa.co.za/fatwa/azaadville-14540