Fatwa ID: 07616

Answered by: Maulana Ubaidur Rahman

Question:

If someone is receiving rent from another person, but the condition of what was agreed upon before rent is unclear to the person as his friend sorted it out, and his friend most likely can’t remember what the conditions were and at first the tenant was complaining about the conditions, but recently for the last 5 months they haven’t said anything and seem to be satisfied, should we assume they are pleased with the conditions? Would the income be halal from them? Or would a partial amount be haram as some of the conditions may not be fulfilled

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

If some part of the income is not halaal then that would make all the income not halaal.

The conditions need to be clear so that the transaction is thorough and complete. As a result the people paying money would be clear on the conditions for thm paying money and the avenue to which their money goes and the person charging rent can establish the facts and terms of payment are made clear between all parties involved.

This is classified as gharar (deception) when the terms are unclear and the benefiting party is not made aware of the terms that they have had agreed to. Even if they seem to be satisfied, if the terms are unclear and kept hidden from them then this is deception.

Therefore, be clear with them and do not assume based on their apparent satisfaction. The income would not be halaal as gharar is forbidden. There is no partiality in transactions, all of it has to be halaal and earned righteously.

Only Allah knows best

Written by: Maulana Ubaidur Rahman

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

¹Tajreed al Qudoori, Page 206, Volume 8, Maktabtus Shaamila.

²Al Mabsoot, Page 151, Volume 11, Maktabatus Shaamila.