The lessor conditions that the lessee pay him a sum which he will return to him at the end of the contract, and he deducts from the rent in exchange for it
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Praise be to Allah alone, and peace and blessings be upon the one after whom there is no prophet. And after: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the Grand Mufti from a member of the Da'wah in the Ministry of Islamic Affairs: 'Abd al-Majid ibn Ghaith al-Ghaith , and referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (2456) and date
26/11/1426 AH, and the inquirer asked a question the text of which is: There is a real estate transaction currently widespread in South Korea, and its form is that the owner of the property offers it for lease, and determines the monthly or annual rent price, then he says: whoever wants a deduction in the rent price, let him pay a sum agreed upon by the lessor and the lessee, and this sum paid by the lessee is at the disposal of the lessor, and if the lessee wants to vacate this property, the lessor returns the sum to him, and the more the sum paid to the lessor, the greater the deduction for the lessee, until it may be without monthly or annual rent if the sum is large. What is your Eminence's opinion on such a contract, and is it permissible to deal with it? And may Allah reward you with good.
After the Committee's study of the inquiry, it answered: This transaction is forbidden, for its reality is a loan that yields benefit, and the aspect of that is that the money the lessor receives has been received in the form of a loan, on the condition that the lender benefits from the residence in exchange for the loan, as evidenced by the fact that if the sum is large, the property may be without rent, and the consideration in the Shari'ah is the realities of matters and their objectives, not their forms.
26/11/1426 AH, and the inquirer asked a question the text of which is: There is a real estate transaction currently widespread in South Korea, and its form is that the owner of the property offers it for lease, and determines the monthly or annual rent price, then he says: whoever wants a deduction in the rent price, let him pay a sum agreed upon by the lessor and the lessee, and this sum paid by the lessee is at the disposal of the lessor, and if the lessee wants to vacate this property, the lessor returns the sum to him, and the more the sum paid to the lessor, the greater the deduction for the lessee, until it may be without monthly or annual rent if the sum is large. What is your Eminence's opinion on such a contract, and is it permissible to deal with it? And may Allah reward you with good.
After the Committee's study of the inquiry, it answered: This transaction is forbidden, for its reality is a loan that yields benefit, and the aspect of that is that the money the lessor receives has been received in the form of a loan, on the condition that the lender benefits from the residence in exchange for the loan, as evidenced by the fact that if the sum is large, the property may be without rent, and the consideration in the Shari'ah is the realities of matters and their objectives, not their forms.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.