Ref no: 0249#
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Date: Saturday, June 18, 2011 |
Category
Money Matters
Title
Please clarify whether the money
Question
Please clarify whether the money deposited to the landlord will be returned to you upon the termination of the contract or is the deposit similarly to an advance payment (down payment) where it comes in the ownership of the landlord. Money deposited to the landlord will be returned to me upon the termination of the contract.
Answer
Muhtaram / Muhtaramah
In the Name of Allāh, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh.
Since you are entitled to a refund, it would be permissible for you to pay the commission and rent the property. This commission would rahn (collateral).
In principle, it is not permissible for a Murtahin (person holding the mortgage-in this case the landlord) to take any benefit from the marhoon (mortgage-in this case the commission) without your consent. (In this case) the landlord would be violating this rule. However, there is a view that the commission could be considered as a Qardh (loan). In that instance, the entire contract will be permissible for both you and your landlord. (Jadeed Fiqhi Mabaheeth 1/82, 102,107,129-136, Idarah Al Quran, Karachi)
And Allah knows best
Darul Iftaa
Madrasah Inaa’miyyah
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