What is the ruling on terminating a lease if it becomes impossible to benefit from the usufruct due to an unforeseen impediment that prevents the utilization of the asset or the person?
A lease is a binding contract that can only be rescinded by mutual consent of both parties, which is the general rule. However, in cases of unforeseen circumstances that prevent the utilization of the leased property or person, scholars have differed: the majority of scholars believe the lease remains binding, whereas the Hanafis and Malikis have broadened the scope of unforeseen circumstances as a reason for annulment. This latter view was chosen by Sheikh al-Islam Ibn Taymiyyah and his student Ibn al-Qayyim, and Sheikh Ibn ‘Uthaymin concurred with them, because it removes harm from the affected party. This view has also been adopted by the Standards Authority. Therefore, if there is an excuse that prevents utilization, the contract may be annulled.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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