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Does the loss of potential benefit after the handover of the leased property in dhimma-described lease contracts forfeit the lessor's right to the full rent if the loss was due to circumstances beyond his control?

1 min readAlso available in العربية

This type of minor defect, which does not affect the leased property and does not prevent the intended benefits from being derived, does not necessitate the annulment of the lease or a reduction in the rent, unless the rental value decreases, in which case the lessor reduces the rent proportionally to the decrease.

Khalil, Al-Dasouqi, and the Fiqh Encyclopedia have detailed the classifications of minor and major defects and their implications, including annulment, reduction of rent, or option.

As for the phrase "lease described in the liability," it has no bearing in this context, as the difference between leasing a specific item and an unspecified one becomes apparent when the benefit is lost and cannot be obtained. In such cases, if the lease is for a specific item, it is annulled, while in a lease based on liability, the lessee is given its substitute.

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

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