Is it permissible for the state to impose specific rents on specific areas?
Machine translationRead the Arabic original
The questioner : The owner of the property has the right to ask the tenant at any time he wishes to vacate this place. This is the principle, and the tenant should not object...
The Shaykh : The tenant should not...?
The questioner : He should not object, meaning he should not refuse.
The Shaykh : Yes, exactly.
The questioner : But what is happening now, in countries like Egypt where the population density is very high, is that the state or states in different countries impose specific rents on specific areas. This means that an apartment or house consisting of three rooms with specific specifications must not have a rent exceeding a certain amount. This... the cost of construction is very high, so that the financial return resulting from this rental becomes very small. Therefore, they resorted to what is called the "khulu" operation, where the place is not rented to you initially except until you...
The Shaykh : Do not take, Abu Yahya, the furthest image from addressing the problem that contradicts the Shari'ah, because this does not exist here in our country. There is nothing of this in Syria, but the system of "furogiyyah" is common in all countries. Therefore, it is not befitting for us to try to justify and legitimize this transaction that contradicts the Shari'ah due to a special circumstance in some Arab countries, because this special circumstance must be studied specifically.
The questioner : No, I am speaking about this circumstance because I wanted to rent a place now in Egypt, and this happened to us...
The Shaykh : No problem, but I want the speech to be after the concession that this ruling is not permissible religiously. Then we move from this concession to addressing a specific situation in a specific country. Now, can I hear from you in detail what is happening in Egypt?
The questioner : Initially, I hope that the brother Ahmad completes his question, because he is currently facing a problem in a case in Lebanon, so he asked.
The Shaykh : The tenant should not...?
The questioner : He should not object, meaning he should not refuse.
The Shaykh : Yes, exactly.
The questioner : But what is happening now, in countries like Egypt where the population density is very high, is that the state or states in different countries impose specific rents on specific areas. This means that an apartment or house consisting of three rooms with specific specifications must not have a rent exceeding a certain amount. This... the cost of construction is very high, so that the financial return resulting from this rental becomes very small. Therefore, they resorted to what is called the "khulu" operation, where the place is not rented to you initially except until you...
The Shaykh : Do not take, Abu Yahya, the furthest image from addressing the problem that contradicts the Shari'ah, because this does not exist here in our country. There is nothing of this in Syria, but the system of "furogiyyah" is common in all countries. Therefore, it is not befitting for us to try to justify and legitimize this transaction that contradicts the Shari'ah due to a special circumstance in some Arab countries, because this special circumstance must be studied specifically.
The questioner : No, I am speaking about this circumstance because I wanted to rent a place now in Egypt, and this happened to us...
The Shaykh : No problem, but I want the speech to be after the concession that this ruling is not permissible religiously. Then we move from this concession to addressing a specific situation in a specific country. Now, can I hear from you in detail what is happening in Egypt?
The questioner : Initially, I hope that the brother Ahmad completes his question, because he is currently facing a problem in a case in Lebanon, so he asked.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.