Back to search
The question

Are the measures taken concerning the eviction of a tenant and the distribution of rent fair, and how is the wife's and sister's share of the inheritance valued in a house subject to the old rent law, and are they entitled to a share of the apartment's new price if it is sold vacant?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

1. The duration of the lease contract must be specified; otherwise, the contract is invalid. Therefore, the invalid contract must be terminated, and the option should be given to the house owners if they wish to rent it to the current tenants or others for a specified period.

2. The continuation of the old, invalid contract is not excused Islamically if the tenants refuse to terminate the lease. Rather, it is obligatory to terminate it and divide the house among all heirs. Thus, the empty apartments are divided, and the rent of the occupied apartments is divided.

3. If one of the tenants leaves in exchange for money, no one should replace them. Instead, all heirs should share in paying the money, and the apartment becomes the property of all heirs. Those who paid can reclaim what they paid when the inheritance is divided.

4. If the stepmother and sister want their shares, the house should be appraised as having three empty apartments and one rented apartment. All heirs will share in the rent of this apartment until its tenant leaves, and they will divide the rest.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
20805
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy