Is it permissible to accept the compensation amount for vacating an old rent apartment in an upscale neighborhood with the owner's consent in order to start a project? And is it permissible to distribute it among the tenant's heirs?
Leasing is divided into two types: non-binding (monthly or daily) leasing, which is not time-limited, and either party can terminate it whenever they wish. This type of leasing is considered valid by the Maliki and Hanafi schools, and by some Hanbalis. The second type is binding (fixed-term) leasing, which has a specified duration and is binding on both parties, neither of whom can terminate it without the other's consent. There is nothing in Islamic law called "old tenancy." The owner of the property can reclaim it at any time in a monthly tenancy contract, and at the end of its term in a fixed-term contract. It is not permissible for the tenant to refuse to vacate or to demand money for vacating the premises.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 88212
- Added here
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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