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The question

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?

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

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.

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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.
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Read the full answer on Ftawy