Kuwait-University-Journal-of-Law-header
Search
Journal of Law

Previous Issues

Advance Search
Year : From To Vol
Issue Discipline:
Author

Volume :29 Issue : 96 2014      Add To Cart                                                                    Download

Maturity of rented unit in Comparative Fiqh A Fiqh Comparative Study

Auther : Dr. Waleed Khalid Khamis AL-Rubi'a


Maturity of rented unit in Comparative Fiqh A Fiqh Comparative Study

Dr. Waleed Khalid Khamis AL-Rubi'a
Prof. Assistant In Comparative Fiqh Division – Shari'ah and Islamic Studies Faculty Kuwait University


Tenancy is one of the most important Shari'ah contracts , because it is the commonest and most needed to people , Tenancy contract a similar to most Shari'ah contracts has pillars and required conditions to be right , Some of these conditions are : The person who makes the contract should have authority to make a contract in a way that he makes a tenancy contract for himself as well as a contract for other people .
This research deals with the issue of a human being who rents what other persons possess. Land Lord should have possession of the existing until all of it or some of it . This possession has power to make the contract all right .
Maturity of rent is proving that the contracted object is not possessed by nor the person does have sovereignty over it . This contract is officious . Fiqh scholars have different views concerning officious behavior . But it seems that it is right depending on the permission of the owner .
Based on this when there is a proof of maturity of the rented object as a whole the person who owns it can take it because he owns it and he can take its rent as well . because it is the fruit of the growth of his owners . At the maturity of some parts of the owned object in case it is hired . This has no effect on right hiring in the part that is not mature depending on permission of the owner . But in case the object is spoilt or destroyed . If the spoil or destruction was caused by the tenant on purpose he will pay for the spoil but if it was accidental . The person who has the right to take the rent can let the hiring person or the hirer do this .
 

Journal of Law
Journal of Law

You are Visitor No.

81210

Journal of Law
Journal of Law
Tell your friendsJournal of Law
Journal of Law

Last Updated

Nov 04, 2019

Journal of Law
Journal of Law
Journal of Law

Please enter your email Here to receive our news

Journal of Law