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What is the ruling on the company taking 50% or more of the annual rent in exchange for approving the sublease of the shop, even though this is not stipulated in the contract? And if the company has the right to impose the condition, "The tenant is not entitled to assign this contract to any third party... without prior written permission from the landlord," does this condition entail financial obligations?

1 min readAlso available in العربية

"Kissing" (Taqbeel) refers to a tenant's surrender of the leased premises to another tenant, involving payment for the goods and shelves within it to the original tenant, and payment of the shop's rent to the landlord. This transaction is permissible unless the landlord stipulated to the tenant that they may not surrender or sublet to another, in accordance with the Almighty's saying: (O YOU WHO HAVE BELIEVED, FULFILL [YOUR] CONTRACTS) and the Prophet's (peace be upon him) saying: "Muslims are bound by their conditions."

A tenant may sublet the property to another for the same rental period and for an equivalent, greater, or lesser amount, unless the landlord stipulated otherwise. The landlord is not obliged to change the contract to the new tenant's name and has the right to demand that the first tenant complete the contract and pay the rent. The landlord also has the right to request a sum of money in exchange for relinquishing their right in the original contract and changing the contract to the new tenant's name.

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

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