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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?

1 min readAlso available in العربية

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.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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