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Hiring and Renting

School driver receiving a fare for school holidays where no service was provided

Submitted by user2 on Sun, 2023-02-12 06:54

Q: A school van driver is receiving a whole month's fare from children but there was 12 days holidays from school in a month. During the 12 days school holiday, the driver did not provide any service.

Is he eligible to receive 12 days fare in accordance with injuctions of Islam?

Category: 
Business and Dealings
Ijaarah
Hiring and Renting

Including impermissible clauses in a lease agreement to deter tenants from delaying payment

Submitted by user2 on Sat, 2023-01-07 07:50

Q: Due to tenants not paying rental on time, we intend putting a clause to deter tenants from delaying payment. Please advise if it is permissible to include the following clauses in a lease agreement.

NB: We only intend using one of the 2 clauses in each lease.

1. Failure to pay monthly rental by the due date will result in the premises being locked by the lessor. The lessor will only unlock the premises once all arrear rentals are fully paid. The lessee will be charged for expenses incurred in having the premises locked and unlocked.

2. Failure to pay rental by the due date will result in immediate termination of lease. The lessee will be liable for a daily rental of R1000 until the premises has been vacated or a new lease has been agreed upon. (The amount for daily rental we intend using here will be significantly higher than the [proportionate daily] amount the tenant is being charged accordingly to the lease which has a monthly rental amount.)

Category: 
Business and Dealings
Ijaarah
Hiring and Renting

Renting out one's premises to someone who will be conducting a haraam business

Submitted by user2 on Sat, 2022-08-06 08:09

Q: I came across a fatwa regarding renting out ones premises to someone who will be conducting a haraam business such as a bar or a bank being haraam as Allah says do not help one another in sin.

A brother sent me another fatwa from islamqa.org where they say its permissible as per Abu Hanifa (rahimahullah) as the sin of haraam is on them. So is it a valid difference of opinion and can I choose the one that suits me?

They say that non Muslims can trade in alcohol or interest amongst themselves so the ayah is referring to not supporting others in sin between Muslims only as there is no birr and taqwa for non Muslims. And since someones sin cannot be transferred to you then you are not responsible for what they do. Same as non-Muslim renting a house and you are not responsible for what sins they commit in the house. So can I just pick the one that suits me?

Category: 
Business and Dealings
Ijaarah
Hiring and Renting

Who is responsible to pay for general maintenance in a rented property?

Submitted by user2 on Sun, 2021-11-21 07:16

Q: A person rents out a flat and signs a lease agreement wherein it is stated that the tenant will be liable for maintenance costs. However, in light of the shari ruling, who will be responsible to pay for general maintenance of the following; changing the bulbs, repairing a clogged pipe, repairing the aircon, replacing the geyser, replacing damaged washers, etc.?

Category: 
Business and Dealings
Ijaarah
Hiring and Renting

Renting out a portion of a property in exchange of a service

Submitted by user2 on Sat, 2021-10-23 07:43

Q: There is space for 4 tenants on a property. Is it permissible to rent out portion A of the property to a garden company, with the rental due being a service, e.g. the tenant of the area A will tend to the initial landscaping and then gardening of the entire property long term, as long as they occupy the area A as a tenant.

There will be no rental payments due apart from the gardening service they will offer. In essence, is ijaarah permissible in exchange of a service rather than money?

Category: 
Business and Dealings
Ijaarah
Hiring and Renting

Tenants paying for rates, water and refuse

Submitted by user2 on Thu, 2021-10-14 07:02

Q: When renting a house to tenants, who pays the

1. Rates and taxes (property rates)
2. Water and Sewer
3. Refuse

Does the tenant pay all of the above?

Does the land lord pay rates and taxes (property rates) and tenant pays for the rest?

Category: 
Business and Dealings
Ijaarah
Hiring and Renting

Leasing one's building to a bank

Submitted by user2 on Sun, 2021-06-27 07:18

Q: Is it permissible in Islam to lease a building to a bank against payment of rent?

Category: 
Business and Dealings
Ijaarah
Hiring and Renting

Giving a deposit when renting out a house

Submitted by user2 on Sat, 2021-01-30 06:46

Q: Is it permissible to take a house on rent on a heavy deposit? For example, normally, a house rent is RS 10000/- with RS 30000/- deposit. Is it permissible to rent the same house for RS 5000/- with RS 2,50,000/- deposit?

Category: 
Business and Dealings
Ijaarah
Hiring and Renting

Muslim running a funeral parlour

Submitted by user2 on Sat, 2021-01-02 06:59

Q: Is it permissible for a Muslim to run a funeral parlor as a business by selling coffins and suits, driving the body to and from wherever it needs to go, store the bodies, etc.

Category: 
Business and Dealings
Ijaarah
Hiring and Renting

Renting out a premises to a funeral company

Submitted by user2 on Thu, 2020-10-22 07:13

Q: Is it permissible to rent out a premises to a funeral company?

Use of premises:
1. Office (Reception)
2. Coldroom storage - Mortuary
3. Parking their company vehicles in the premises (hearse).

Thats the info that was given to us so far. 

Category: 
Business and Dealings
Ijaarah
Hiring and Renting

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