Is it permissible for the landlord to request rent before signing the contract and during the period of preparing the premises?
An ijara (lease/rental) contract is concluded when its five pillars are present: the lessor, the lessee, the صيغة (form/offer and acceptance), the rent, and the usufruct. If mutual consent is achieved through a صيغة that indicates a lease, then the contract is concluded, even if it is not documented. If no stipulation is made for the rent to be paid in advance or deferred, the lessor owns the rent immediately upon the conclusion of the contract, according to the Shafi'is and Hanbalis, contrary to the Malikis and Hanafis. If prepayment or deferment of the rent is stipulated, then the stipulation must be acted upon. However, if the lease contract was not agreed upon at all (before signing the contract), the lessor is not entitled to demand the rent.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 164588
- 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.
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