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The question

Is it permissible to conclude a fictitious lease contract for an apartment rented under an old and restrictive contract, in order to recover it by a court order, knowing that the tenant does not benefit from it, pays a meager rent, and there is an urgent need for the apartment?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

A lease contract for an apartment for a period of 59 years is valid as long as it is highly probable that the apartment will remain for this duration. However, an open-ended lease contract (the old rent system) is void. A valid contract cannot be unilaterally terminated except with the tenant's consent. The tenant has the right to continue their lease or to receive compensation for vacating the apartment. Taking it from them without their consent is considered usurpation and injustice, based on the Almighty's saying: "O you who have believed, fulfill [all] contracts."

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
19727
Imported
Translation status
Source text, unreviewed
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