Is the landlord entitled to reclaim the amount of 1050 dirhams from the tenant, after having paid it to him for gas connection, which was not provided? And is this amount considered compensation to the tenant for the landlord's failure to provide the agreed-upon gas service?
If the landlord did not adhere to providing the agreed-upon gas connection, he must provide it, even if it incurs costs, due to the Almighty’s saying: "O you who have believed, fulfill [all] contracts." If he does not do so until the end of the lease term, the tenant may refer the matter to the court to claim appropriate compensation for the lost benefit. The tenant is not permitted to estimate the compensation and take it himself. As for retaining an amount from the landlord's money as a guarantee, it is permissible if it is highly probable that the right will be lost and the amount is equal to or less than the estimated compensation, with the excess being returned if the amount is greater than the right.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 79327
- 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