Search for rent in the lease contract from the pillars
Basic as it represents the knotted addition to the eye
Leased, and this in jurisprudence
The Islamic law among the public, as for the civil law, it considers that the fee and the benefit are also the subject of the contract. The Kuwaiti civil law agrees with the public’s opinion that the subject matter is the benefit of the leased property
Praise be to God, Lord of the Worlds, and blessings and peace be upon the one who was sent as a mercy to the worlds, Muhammad bin Abdullah, his family, his companions, and those who committed his year to the Day of Judgment.
The fee in the lease contract is one of the basic pillars as it represents the contracted person in addition to the leased property, and this is in Islamic jurisprudence among the public. As for the civil law, it considers that the fee and the benefit are also the subject of the contract. The benefit of the leased property ",
The benefit corresponds to the fee, and the elements of the contract are among the pillars of the majority among the Maliki, Shafi’i and Hanbali people.
The text of the fare in the agreement between the Tow Contracting Parties is also considered a duty and not a Shari’a desirable thing. Rather, it comes within the stipulations of the noble verse. The Almighty said: “O you who believe, fulfill the contracts. The cattle beast has come to you except for what is recited upon you other than the local hunting and you God has forbidden to judge what he wants. "
Fulfillment of the contract is only through writing or testimony. As for oral speech and rubber expressions, “Reside and we will not disagree, and whatever blessing is paid for.” All these matters lead to conflict, and it came in the report on the authority of Abu Saeed who said: The Messenger of God - may God bless him and grant him peace - On hiring an employee to show him his reward and for plucking, touching and throwing a stone.
And the sale of najash is the increase in the commodity more than its real price, which is for a man to come in more than it does not intend to buy it, but to deceive others, touching and throwing stones are all of the sales of ignorance that the Prophet - may God bless him and grant him peace - forbade them because of the deception, deceit and deceit they contain. Sharia has come to prohibit everything that leads to disagreement and strife, and not setting the fee may lead to that.
* Writing contracts:
In the hadith there is evidence for those who say that the amount of the rent is determined, and they are Al-Atrah, Al-Shafi’i, Abu Yusuf, Muhammad, and Malik said, Ajmad bin Hanbal is not necessary for custom and approval. He said in the sea we said we do not accept Islam, but unanimously agreed on the opposite, and the first opinion supports the analogy on the price of what is sold. This is what the Hanafis went to, as they see that renting is the basis of the offer and acceptance, and its condition is that the wage and the benefit are known because their status leads to a dispute. ”Ibn Abidin 6/5” Is it permissible to pay some of the work done after work?
It came on the authority of Abu Saeed also who said: “He forbade the grazing of the stallion” and Qafiz the miller, and the people of the people forbidding the miller from grinding food with part of it crushed because it deserves to grind the amount of the fee for each one over the other, and this is contradictory, and it was said that there is nothing wrong with it with knowledge and ability Rather, the prohibition against grinding patience, which is a pile of food, does not know how much it is by a jump from it, even if it is a condition of love, because what else is unknown, it is like selling it except a jump from it.
In the hadith is evidence that it is not permissible for the fee to be in part after work, and to it went Abu Hanifa, Malik, Al-Shafi’i, Al-Layth and Al-Nasser.
* Wages in jurisprudence and law: -
The rent is the money that the lessee is obligated to give to the lessor in exchange for the use of the lease, and the basic principle is that it deserves the benefit or it can be collected. With regard to leasing, and then the rent must be money that is well known, and in spite of that it is permissible for an alternative in the rent to be something that is not suitable to be a price in the sale as the benefit of a specific thing, so even if it is not suitable for a price, it is permissible to be a fee.
Fare conditions:
That the fee be known: We mentioned above that the law requires the information of the rent, and we said that this is what Islamic jurisprudence is required to do, and we referred to those who disagreed with that and that it is contrary to what is adopted in the jurisprudential schools of thought. The fee is known, and it is not permissible to be a price in the sale, it is permissible to be a fee in the rental, and the absolute prices are only valid if they are known of the amount and capacity, and whoever releases the price in the sale to the majority of the country's cash,
The owner of Al-Kawakeb Al-Darya Al-Maliki said: The rent must be self-aware with a vision or description and a delay if it is postponed. The text on the coin raises the similarity between names in currencies,
This creates a problem in countries that use more than one currency, where the dollar is used as a currency in dealings, and there is another transaction of the currency in the same country, such as the Canadian dollar in Canada, so here it is necessary to stipulate the name of the currency if it is circulating in the country, but in Kuwait people usually only use the dinar If he says one hundred dinars, he will go to the currency of the country, and Al-Khatib Al-Sherbini said, Al-Shafi’i - may God have mercy on him - and the fare is required for it to be known by gender, ancient and prescription,
Unless it is specific, and it is sufficient to see it, then it is not permissible to rent a house or animal in building or fodder due to ignorance in that. The lessor and the lessee may agree that the lessor offers a house to the lessee in exchange for the day of the tenant to repair and maintain the house instead of the rent. Maintenance may increase or decrease, and the value of a hundred dinars or two hundred dinars is not known, and it is one of the thorny matters that may result in a dispute between the lessor and the lessee, and the same is the case when the owner or company offers a car to the lessee, so the fee is the maintenance of the car, so the contract here is void due to the ignorance of the fee, as the maintenance may be It costs fifty dinars or more or less, and all of this is unknown and it is not valid to contract it.
If he mentioned a piece of information and authorized him outside the contract, that is permissible, such as if the landlord says to the tenant the rent of the house is three hundred dinars, and the maintenance that you do for the house will be deducted from his account after that from the rent, as well as in the car the rent is determined in advance and then the owner asks the tenant to spend a specific part of the rent For car expenses to change the spare parts and other needs of the car, this is permissible and the contract is valid.
* Wages in jurisprudence and law:
The rent comes in return for the benefit from the leased property, such as the house, land, space or agricultural land, as well as the car and the means of transportation, and the monuments or hadiths indicating the permissibility of taking the fare in cash or doing work or agreeing on part of the crop in return for the leased property confirmed by the purified Sunnah, on the authority of Abata Bin Al-Mundhir said: We were with the Messenger of God - may God’s prayers and peace be upon him - and he read “Tas” even if he reached the story of Moses - peace be upon him - he said that Moses rewarded himself eight or ten years for the chastity of his vagina and food for his stomach. And like the cladding,
Likewise, in our contemporary times, pleading before the courts or carrying out administrative work as a rent allowance, and the two parties may agree on a part of the crop for agricultural land, such as a half, a quarter, or others, and this happens in many agricultural countries where the owner provides the land, machinery, equipment and seeds (sometimes) and the tenant As individuals or companies, cultivating and renting land.
Likewise, the owner or the lessor may agree with the lessee to lease a land containing equipment, devices, and machines for manufacturing in exchange for a periodic rent that the lessee pays the owner. This is permissible and there is nothing in it. Kuwaiti law permits leasing by work and other contracts, see Article 564 of the Kuwaiti Civil Law, as far as If the corruption of the lease is due to the fact that the allowance is unknown, Article 462, and the draft has transferred the rent law from the Egyptian legalization, which decides that if the two contracting parties do not specify the rent nor the basis on which to estimate it, and also if one of them is unable to prove the fare that they have agreed upon, then the similar fee at the time of conclusion The contract is the obligation and the judge determines it taking into account all the elements necessary for that, and the lease contract remains valid.
This statement is in the event that it is not possible to prove the rent or agree to it, and if they are not able to do so, then the lease is void because the two contracting parties could not agree on one of the pillars of the contract.
Leasing is a benefit sale, but it differs from selling in that it is a temporary period, and the sale contract does not accept timeliness, rather it is permanent, because it results in the transfer of ownership of the property contracted by it from movables, real estate and others.
Ibn Qudamah said in Al-Mughni:
Leasing is a type of sale, because it is ownership by each of them to its owner, it is the sale of benefits, and the benefits are the same as notables, because it is valid to own it in the event of life and after death, and it is guaranteed by hand and destruction, and its compensation is in kind and in debt.
The jurists differed as to whether it is legal according to analogy or otherwise.
The majority of jurists said: It is prescribed contrary to analogy
Some Hanbali jurists said: It is legitimate according to analogies, and this opinion was supported by Ibn Taymiyyah and his student Ibn al-Qayyim.
* Renting is legal unlike analogy:
The majority of fuqaha 'inferred that leasing is prescribed in contrast to analogy by saying:
Hiring is a non-existent sale, and selling the bad is not permissible, so renting was not originally permissible, except that when the legal evidence was stated that it was permissible, this permissibility was an exception contrary to the principle and the rule on which the legal evidence was based.
As for renting a sale, it is because selling is exchanging money for money, and renting is the same because it is an exchange of benefit for money, which is the rent.
* The rent is legal according to the analogy:
Some Hanbalis responded to the reasoning of the majority of jurists, so they said that leasing is legal according to analogy and it is not a sale, because the sale that the evidence for its invalidity came if it is mentioned in the case of the non-existent is mentioned on the objects that can be found when contracting, as for the lease, it responds to benefits that cannot be found when contracting .
They responded to their analogy with rent by selling by saying:
If you want the sale to which you have settled the lease, its absolute and comprehensive meaning is the sale of objects and benefits, then we acknowledge to you that leasing is a type of it in this sense. However, we do not agree with you that the sale in this sense is the one that is forbidden if its location is non-existent, because the contract on the benefits, if they exist, does not conceive of reason, so how is it stipulated by the street, and that is why the prohibition on selling the bad is an imperative for the sale of objects on which the contract can be delayed until it exists without harm No need severity.
As for benefits, the contract is forbidden if they exist, because they are always absent at the time of the contract, so the contract is permissible for them and this permissibility is inherent in itself and is not excluded from others.
The owners of this opinion say that the reason for the prohibition is not nothingness or existence, because it has been mentioned in the Sunnah that it is forbidden to sell some bad things, and it is also forbidden to sell some existing things, but the reason for the prohibition is ambiguity, so the nullity that is deceit is forbidden for deception and not for nothingness.
Therefore, the thing that has a state of existence and a state of absence in selling it in a state of nothingness is both risky and deceit, and as for what has only one state and most of it is safety, then the contract does not have a risk, and if there is a slight risk, then the need is for it.
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