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The question

What is meant by and what is the legitimate ruling on the clauses of Bank AlJazira's Ijarah contract related to: (cooperative insurance for cases of death and disability, and the assignment of the right to compensation for the benefit of the debt), and (cooperative insurance for fire accidents and risks of housing damage), and (the tenant bearing all operational maintenance costs and rental repairs resulting from the use of the dwelling)?

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

The intent of the phrases refers to the party imposing the conditions. The first: The bank's condition for the debtor to insure his debt as a guarantee of its right in case of the debtor's inability to pay. There is no objection if the insurance is cooperative and permissible (Takaful). The second: The lessor (bank) insuring the leased asset in a lease ending with ownership ( Muntahia Bittamleek) with cooperative Takaful insurance to cover the risks of damage. There is no objection to this. If the leased asset is damaged during the lease, the lease is terminated, and the lessee is obligated for the benefit he has utilized, and he may claim the excess over the fair market rent. The third: The lessee bearing the costs of operational maintenance and repairing what is damaged due to use. There is no objection to this, while non-operational maintenance is the responsibility of the lessor. The fundamental principle for conditions is permissibility unless they contradict the Book of Allah and the of His Messenger.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
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Ftawy
Original fatwa ID
107516
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.
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