Source: http://qa.muftisays.com/?11473
Question ID: #11473
 
Question: Permissibility of Leasing a house
Assalam Alaikum, respected Shaykh.




I wanted to know regarding permissibility of Leasing a house.

I would like to explain in detail just in case it's needed.




Let's say Person A is the owner of the house and Person B is the tenant.

So now, the Person B pays a Lumpsum amount of €40,000 to Person A,

And as per the agreement, Person B gets to occupy the house for certain period of time, let's say 5 years.

During these 5years, Person B doesn't have to pay any rent to Person A

At end of 5years Person A has to return the initial amount of €40,000 so that Person B vacates the house.




Kindly clarify if this type of Agreement is permissible.




Thanking You
 
 
Answered by: Ulamaa ID 04 (London)
Date: 15/02/2025 20:22pm

بسم الله الرحمن الرحيم

الجواب حامداومصليا

This is not a lease contract in Shariah. Therefore, it is invalid.

Ijarah or leasing is a contract whereby the owner of something transfers its usufruct to another person for an agreed period, at an agreed consideration. (Introduction to Islamic finance pg. 111)

And Allah knows best

15 Shaban 1446/ 14 February 2025
Mufti Qamruzzaman

London, UK
 
www.MuftiSays.com