Is a plot of land leased from the the government inheritable? And if it is inheritable, what is its lease system? And what is the correct action, especially given that it is heard that usufructs are not inheritable?
The lease contract is a binding contract that is not terminated by the death of either party, according to the majority of jurists. Rather, the lease remains in effect until the specified period expires. The right to usufruct over the leased property transfers to the heirs of the lessee, as the estate includes both assets and rights. The leased land is divided among the heirs, and each heir takes their share and pays their rent. If the land is small and cannot be divided, usufruct is managed through temporal rotation (muhāyā'ah zamāniyyah), whereby the heirs alternate in benefiting from it according to their shares of the inheritance.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 30023
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy