Question
A tenant due to financial difficulties is unable to continue his business. He has a long lease. The landlord holds him to the lease and demands rent for the full term of the lease. He threatens to take legal action if the tenant does not pay. Both are Muslims. What is the position of the Shariah?
Answer
If the tenant is genuinely in financial straits and is unable to continue with the lease, then he has a valid reason for requesting cancellation. Since the lessor is a Muslim, it is incumbent for him to accept the tenant's request. It will be evil for the landlord to resort to the kuffaar court to oppress the hard-pressed Muslim brother. This is not the way for a Muslim to behave. Rasulullah (Sallallahu alayhi wasallam) said:
"The Muslimoon are like one man. If the eye pains, the whole body is affected, and if the head pains, the entire body is affected."
Whatever the landlord will squeeze out from the tenant with the aid of the kuffaar court will be haraam gain acquired by usurpation.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 24 No 07
- PDF page
- 10
Appears under ZAKAAT ON MINERALS (approximate).