Mufti Online — Madrasah Ta'leemuddeen

Is it necessary for a formal lease agreement contract to be in conformity with the Shariah?

Published as Lease agreements

· 5 Dhuʻl-Hijjah 1437 AH1 min readEnglish

Question

Please advise on lease agreements:

1. Is it necessary for a formal lease agreement contract to be in conformity with the Shariah? I understand that any faasid, baatil, or haraam conditions made compulsory by the Government will be excused.

2. Also, is it possible that on account of a lease agreement with faasid, baatil, or haraam conditions, the rent the lessor receives will be haraam money?

Answer

1. One is a document that is worked out for legal purposes and one is the actual lease agreement between the both parties. What is required is to ensure that the agreement that is taking place between both the parties has to be in conformity with the shari`ah.

2. We need to know the exact conditions to say whether it is halaal or haraam.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Ebrahim Salejee (Isipingo Beach)
View original Compare with other Darul Iftas
Questions about this ruling, answered only from the archive with sources.

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 Mufti Online — Madrasah Ta'leemuddeen. 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: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/16184
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-16184

Related fatawa