Question
Zaid sells a property to Bakr for one million. Bakr pay half million and takes occupation of the property. Can Zaid charge him occupational rent till he pays the balance of the money? Some Ulama say that it is permissible due to Urf (customary practice).
Answer
The property has been sold to Bakr. He is therefore the sole owner. Zaid, the seller only has a claim for the debt owed to him. It is haraam to charge the owner of the property rent or occupational rent for occupying his own property. Just as 'urf' does not halaalize zina, liquor, etc., so too Urf does not halaalize riba. The 'occupational' rent levied on the owner is in the category of riba. Riba is haraam by Nass-e-Qat'i. There is no Urf which can abrogate a hukm established by Nass-e-Shar'i.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 22 No 08
- PDF page
- 3
Appears under Questions and Answers (approximate).