Is it permissible for the lessee to bear the maintenance expenses of a car leased under a lease-to-own (Ijara Muntahia Bil Tamleek) contract?
The (leasing) contract ending in ownership has permissible forms, one of which is associating the contract with a promise of sale or a gift after full payment of the rent. A condition for all permissible forms is that the Ijarah must be genuine, and the guarantee of the commodity and non-operational maintenance expenses must be borne by the lessor. If the contract includes insurance for the leased asset, it must be cooperative Islamic insurance and be borne by the lessor (owner). It was stated in a resolution by the International Islamic Fiqh Academy that non-operational maintenance expenses should be borne by the lessor, not the lessee, throughout the lease period, and that operational maintenance should be borne by the lessee. The majority of jurists consider the Ijarah invalid if the lessor stipulates that the lessee guarantees the leased asset or is responsible for its maintenance, because this leads to uncertainty regarding the rent, which contradicts the conditions for the validity of the contract.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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