Is it permissible for the lessor to raise the rental price when the law prohibits it? And does the decoration fall under the category of khulu?
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The questioner : Has it been established in the Shari'ah that it is permissible for the owner to raise the rent?
The Shaykh : The well-known answer is: if it is with truth, it is permissible; if it is with falsehood, it is not permissible.
The questioner : If the country's law does not allow it.
The Shaykh : My brother, what law? We complain about the laws.
Another questioner : Regarding khulu, some people, of course, do decoration as you know. They work inside the shop. Can this thing that he arranged and paid for be called khulu? Is this permissible?
The Shaykh : He takes the price of what he installed. This has no relation to khulu. The evidence is that khulu, in the known sense today, does not relate to what you called it?
Another questioner : Interior decoration.
The Shaykh : Decoration. It does not relate to decoration. Perhaps there is decoration, and perhaps there is no decoration. The rule of false khulu is not valid.
Another questioner : But is it possible that this price is higher than the decoration paid for, or lower than the decoration paid for? Is this permissible?
The Shaykh : My brother, what is its price? He takes it and does not exploit it. It is not called khulu by custom.
The questioner : Regarding, my teacher, what you mentioned, if you please allow me, about the harm that befalls the lessee. Also, this lessee suffers great harm from the eviction of the shop or the eviction of...
The Shaykh : The well-known answer is: if it is with truth, it is permissible; if it is with falsehood, it is not permissible.
The questioner : If the country's law does not allow it.
The Shaykh : My brother, what law? We complain about the laws.
Another questioner : Regarding khulu, some people, of course, do decoration as you know. They work inside the shop. Can this thing that he arranged and paid for be called khulu? Is this permissible?
The Shaykh : He takes the price of what he installed. This has no relation to khulu. The evidence is that khulu, in the known sense today, does not relate to what you called it?
Another questioner : Interior decoration.
The Shaykh : Decoration. It does not relate to decoration. Perhaps there is decoration, and perhaps there is no decoration. The rule of false khulu is not valid.
Another questioner : But is it possible that this price is higher than the decoration paid for, or lower than the decoration paid for? Is this permissible?
The Shaykh : My brother, what is its price? He takes it and does not exploit it. It is not called khulu by custom.
The questioner : Regarding, my teacher, what you mentioned, if you please allow me, about the harm that befalls the lessee. Also, this lessee suffers great harm from the eviction of the shop or the eviction of...
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
