Should not custom be given consideration in validating a perpetual lease contract, such that a specific duration, such as 100 years, is determined instead of annulling the contract, especially since the property owner's intention at the time of drawing up the contract was perpetuity?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If the duration is not specified in a lease contract, the contract is invalid, and it must be فسخ (annulled). Then, the two parties should enter into a new contract in which they specify the duration. It is not permissible to oblige the lessor to a duration that he does not agree to. As for the period that has passed under the invalid contract, a fair market rent (أجر المثل) must be paid for it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/87432
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 87432
- 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