The Obligation of the Lessor and Lessee to Fulfill Contracts
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The first question of Fatwa No. ( 1434 )
Q1: The owner fabricates some excuses to evict me from my residence. Sometimes he prevents the caretaker from cleaning the house, sometimes he cuts off our water, and other times he refuses to pump out the sewage, among other harassments. Does the Shari'ah permit him to cause these harms?
A1: It is obligatory for the owner to fulfill for the lessee what they contracted for, namely the delivery of the house and the performance of the conditions of the lawful terms they agreed upon or which are customary, and this is for the duration specified in the contract. This is based on the saying of Allah the Exalted:[Al-Ma'idah 5:1] and the saying of the Prophet (peace and blessings be upon him): If the contract period ends, and both parties agree to renew the term, it is obligatory for each of them to fulfill their obligations to the other in the same manner as mentioned above. If the owner refuses to renew the term, it is obligatory for the lessee to hand over the house to him and not harm him by remaining in it; for the wealth of a Muslim is not lawful except with his consent.
Q1: The owner fabricates some excuses to evict me from my residence. Sometimes he prevents the caretaker from cleaning the house, sometimes he cuts off our water, and other times he refuses to pump out the sewage, among other harassments. Does the Shari'ah permit him to cause these harms?
A1: It is obligatory for the owner to fulfill for the lessee what they contracted for, namely the delivery of the house and the performance of the conditions of the lawful terms they agreed upon or which are customary, and this is for the duration specified in the contract. This is based on the saying of Allah the Exalted:
O you who have believed, fulfill [all] contracts.
يَا أَيُّهَا الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُودِThe believers are bound by their conditions, except for a condition that makes the forbidden lawful or the lawful forbidden.
المؤمنون عند شروطهم، إلا شرطًا أحل حرامًا أو حرم حلالاً،
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.