What is the best course of action for a man who rents an apartment from his late mother under an old contract of unlimited duration? He is one of the heirs. The other heirs are asking him to vacate the apartment so the property is worth more when sold, but his pension is not enough to rent a new apartment.
Source: FtawySummary from Ftawy's records · added here Oct 24, 2026
"A lease contract that does not specify a duration is void and contrary to Islamic law. Scholars have unanimously agreed on the necessity of defining the duration in house rentals. Therefore, the law of perpetual lease or rent is invalid due to its contravention of God's حكم (ruling/judgment). The leased apartment returns to all heirs, and the questioner is not entitled to monopolize its usufruct based on this void law. He has a share in the apartment proportionate to his legal inheritance, and he must agree with the heirs on selling it or benefiting from it through muhay'ah (mutual division of usufruct)."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/86450
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- Ftawy
- Original fatwa ID
- 86450
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy