Darul Ifta, Darul Uloom Azaadville

Leasing A Portion Of Land To Build A Road On

· 16 Dhuʻl-Qiʻdah 1443 AH1 min readEnglish

Question

Zaid has a big farm in the middle of the city. The government wants to make a road through that land. They are willing to pay him a certain amount monthly for this. Will it be permissible for him to do this transaction with the government?

Answer

It is permissible for Zaid to lease i.e. rent his land to the government to build a road through it on a monthly rental basis. However, the duration of the entire leasing period has to be fixed and the Ujra (rental) has to be stipulated. After the period of the lease expires, the contract can be renewed.

References (Arabic / Urdu sources)

وأما في إجارة الأرض فلا بد فيها من بيان ما تستأجر له من الزراعة والغرس والبناء وغير ذلك، فإن لم يبين كانت الإجارة فاسدة، إلا إذا جعل له أن ينتفع بها بما شاء

Bada’i Sana’I Vol Pg.183

Approved by
Mufti Muhammed Saeed Motara Saheb D.B.
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Source: Darul Ifta, Darul Uloom Azaadville — https://www.iftadua.co.za/leasing-a-portion-of-land-to-build-a-road-on/14981/
Fatawa SA: https://fatawa.co.za/fatwa/azaadville-14981

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