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Volume :29 Issue : 96 2014
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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 .