Please clarify whether the money

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Date: Saturday, June 18, 2011

Category

Money Matters

Title

Please clarify whether the money

Question

Please clarify whether the money deposited to the landlord will be returned to you upon the termination of the contract or is the deposit similarly to an advance payment (down payment) where it comes in the ownership of the landlord. Money deposited to the landlord will be returned to me upon the termination of the contract.

Answer

Muhtaram / Muhtaramah

In the Name of Allāh, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh.

 

Since you are entitled to a refund, it would be permissible for you to pay the commission and rent the property. This commission would rahn (collateral).

In principle, it is not permissible for a Murtahin (person holding the mortgage-in this case the landlord) to take any benefit from the marhoon (mortgage-in this case the commission) without your consent. (In this case) the landlord would be violating this rule. However, there is a view that the commission could be considered as a Qardh (loan). In that instance, the entire contract will be permissible for both you and your landlord. (Jadeed Fiqhi Mabaheeth 1/82, 102,107,129-136, Idarah Al Quran, Karachi)

And Allah knows best
Darul Iftaa

Madrasah Inaa’miyyah

 

 

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