Fatwa ID: 79402
Title: A Substitute for Vacation of an Apartment
Category: Financial Transactions
Scholar: Dr.Salah Al-Sawy
Date: 07/13/2009

Question

Peace be upon you.

In our country, there is a law dating years ago for letting apartments. It does not permit at all any increments in gale and bequeaths the premise to the lessee endlessly. The owners of the apartment decided to sell it and they offered to give us an amount of money as a substitution.

Is it legitimate for us to take it? We are capable of moving but to a much lower standard apartment than our current one. I am a widow and have two daughters, one is married and the other is still unmarried and works in another country. I have also an unemployed son. Is it permissible to accept the proposed substitute although I own some apartments, albeit leased, some gold and a small bank account? Please advise me as I would not accept unlawful money.


Answer

In the Name of Allah The All-Merciful, The Ever-Merciful

Praise be to Allah; Prayers and Peace of Allah be upon the Messenger, his household and his companions.

This money is unlawful for you to take, unless the owner gives it gladly and with his own free will. The rule is that an owner is free to retrieve his real estate if need be. The laws however impose that the leasing contract extends legally to the lessee and his heirs against the will of the owner. Accordingly, this substitute for vacation of an apartment is not lawful unless the owner gives it willingly. It is not permissible to take a Muslim's money without his own free will.

May Allah grant you more keenness and guidance. And Allah, Exalted be He, knows best.