Does the lease contract in Islamic Sharia terminate upon the death of the lessor or the lessee, or only upon the death of the lessee, and what is the evidence for that?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The rental () is not terminated by the death of one of the contracting parties, according to the preponderant opinion, which is the view of the majority of jurists from the Maliki, Shafi'i, and Hanbali schools. This is because ijarah is a binding contract that is not invalidated by the death of a party. In contrast, the Hanafis hold the view that the contract is terminated by the death of one of the contracting parties.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/161424
Where this answer came from
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- Ftawy
- Original fatwa ID
- 161424
- 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