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Whether it is legal to accept large sums of money through long term rental agreement 4284713961

Ahle Haq Bangla Media Service•rent-lease•

Question

I have a long-term tenancy agreement with a former landlord in our area for 10 years. The tenant agreement is that I pay the landlord a sum of Rs. 10 lakhs in advance for the rent and in return the landlord agrees to rent me a unit of his house for the next 10 years on the condition that I pay him a monthly zamindari rent of Rs. Either the zamindari has to be paid as rent or else our contract will be considered as an interest transaction and in the next 10 years this rent will be Rs.1000 per month i.e. it will not be more or less. In addition, I will pay as much as I can on the cost of gas, electricity, etc., and I will not have to pay him any more monthly rent. One of the main conditions of the contract is that when the contract expires in the next 10 years, the landlord will give me back the full cash of Rs 10 lakh which I paid in cash at the time of rent. The landlord will not be able to ask me to leave the house during the contract period and I will not be able to leave the house before the end of the contract or pressurize me to return the Rs 10 lakh I paid, but if there is any problem, it will be resolved by summoning witnesses. . In the presence of known witnesses, this tenant agreement with us has started from March 2012 and it will end in March 2022, InshaAllah. Without a bill for gas, electricity, etc., the current monthly rent of this house is around Rs 14,000. Since I have paid a large amount of money in advance for the rent, according to the contract, I only have to pay a monthly rent of Rs. Although I intended to stay in this house with my family, I did not move into that house because of family problems and it is now rented out to someone else. I am getting all the rent money but I have to pay 1000 rupees monthly to the landlord as zamindari rent. Another piece of information I would like to give you is that the landlord has borrowed some of this money from others and has moved his house from the third floor to the fifth floor and he is collecting the monthly rent from the fifth floor so that he does not have to worry about repaying that Rs. Is. Now my question is, has this agreement of ours been accepted as halal in the light of Shariah? If it is considered haraam, then what conditions can be changed to make this agreement halal? In other words, even after deducting 1000 rupees per month, I am getting 13000 rupees. Is this money being considered as halal income for me? Has the issue of land rent been correct? At present I am spending the entire Rs 13,000 per month for the family but since I have paid Rs 10 lakh in advance to the landlord and I will be able to repay it after 10 years, do I have to pay any zakat on this basic Rs 10 lakh every year or should I pay the landlord? I wish you good luck and prayers to give me the opportunity to practice the religion properly by giving detailed answers in the light of Shariah. Addition I am currently getting a monthly rent of Rs. 14,000 from that house and Rs. 13,000 after paying Rs. 1,000 to the landlord as zamindari rent. 2265259456

Answer

- حامداومصلياومسلما، بسم الله الرحمن الرحيم -

There are basically two parts to your question. E.g.

  1. Is your rental agreement valid from a Shariah point of view?
  2. Is it legal for you to rent the house and get the money?
  3. In fact, the agreement will be valid if you make some changes in the method and policy you have mentioned. That is, you will say at the time of the rental agreement, the monthly rent of the house is 1,000 / = (one thousand rupees). The landlord will then be paid several months' rent in advance. As mentioned in your question, 10 lakh rupees will be paid as advance rent. The agreement stipulates that when the tenant leaves the house, the landlord will repay the rent if the rent is due in advance. And the tenant 10 years ago will not be able to leave the place. If he wants to leave, the landlord must have his kind consent. After the execution of the contract, the rent will continue to be deducted from Rs 10 lakh to Rs 1,000 per month. Then, after 10 years, when the intention is to terminate the rental agreement, the landlord will pay you the remaining amount after deducting Rs.1000 per month for 10 years. If the transaction and agreement is executed in such a way, the agreement between you will be valid from a Shariah point of view. And since the said 10 lakh rupees has been paid to the landlord as rent. So it is owned by the landlord. The tenant is not yours. So zakat on this money will not be necessary on you. Will be required on the landlord. (Jadid Muamalat Ki Shari'i Ahkam, 1/222, Male Haram Aur Uske Masaref Wa Ahkam, 74-7, Jadid Fiqh Masael, 1 / 148-148)
  4. In this case, it is not permissible for you to take 14 thousand rupees per month for rent. This is because after renting a house, if you want to rent it to another person, you can rent it to another person for the same amount of money or less, but it is not permissible to rent it for more than that. In this case, if you want to justify the rent, you have to add something new to the rented house, which was not in the house at the time of renting from the landlord. Such homes did not have gas facilities. You connected the gas. There was no electricity in the house, you provided electricity. Or there was no AC system in the house, you made the AC system. There was no commode system in the house, you added, or there was no fire extinguishing system in the house, you added. In short, if the benefits are a little more than the condition of the house at the time of the first rent, even if it is very small, then it is permissible for you to charge extra rent. For example, your monthly rent here is 1 thousand rupees. And you are taking 13 thousand rupees from the person you are renting. It will be valid for you to take 13 thousand rupees if you make some changes in the house. If the condition of the house is exactly the same as it was at the time of the first rent, then it will not be permissible for you to take more from the second tenant than the rent you have collected. It would be permissible to hire a new tenant by adding some facilities to the rented house. (Fatawa Bayyinat, 4 / 252-253) 5159579948

- والله اعلم باالصواب -

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