What is the ruling on the commercial contract of "Sarfaliyya" (key money), which is an automatically renewable lease agreement for a known period, with a specified monthly rent, along with a one-time lump sum payment made in advance?
The term "al-Sarqafliyya" is Persian, and in some countries, it is referred to as "Badal al-Khuluw" or "al-Furooghiyya." It signifies the waiver of a shop's lease to another party in exchange for a sum of money, which may be taken by the owner from the tenant, or by the tenant from a new tenant. The scenario mentioned in the question, where the owner takes a lump sum at the time of the contract in addition to the monthly rent, is permissible in Islamic law, provided that this amount is considered part of the agreed-upon rent. If the contract is terminated, the tenant must be refunded the portion of this amount corresponding to the remaining period. The Islamic Fiqh Academy has affirmed this ruling.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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