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What is the ruling on selling "al-Ataba" in Algeria, which is an old rental process that transforms the right of usufruct over property into a quasi-ownership right for the tenant, such that he possesses the right to sell "al-Ataba" at an exorbitant price or can demand its value from the original owner to reclaim his property?

1 min readAlso available in العربية

The tenant does not own what he has rented through prescription. Rather, the original property remains owned by its owner, who has the full right to dispose of it, reclaim it, or raise its rent after the contract period expires. An absolute lease without a specified term is contrary to Islamic law and invalidates the contract. It must be annulled to enable the owner to reclaim his property. The tenant's continued use of a rented property for many years at a nominal rent is an injustice, and the tenant's demanding "khuluw" (key money) in exchange for vacating the rented property is another injustice. The tenant is not permitted to rent out the property to another tenant or to take "khuluw" without the owner's consent.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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