Question:
Our masjid is located in the city center. Some time ago, when we intended to renovate the masjid, we did not have sufficient funds. At that time, we asked the shop tenants (the shops belong to the masjid) to assist with the renovation, on the condition that we would charge them a significantly reduced rent well below the market rate.
However, several years have now passed, and the shops are still being rented at that same low rate, despite the fact that rental values in the city center have increased substantially.
Our question is: Are we now permitted to demand a higher rent in line with the current market rate, or alternatively ask the tenants to vacate if they do not agree?
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-Salāmu ʿAlaykum Wa-Raḥmatullāhi Wa-Barakātuh
In principle, waqf properties must be managed in accordance with the best interest of the waqf. It is therefore necessary that such properties are rented at the prevailing market rate (ujrat al-mithl), based on current conditions of time and place.
Accordingly, in the above scenario, fixing the rent to the current market value is obligatory and binding in Sharīʿah, and it is not permissible to ignore it or keep it below market rate, thus, if a tenant is not willing to pay a reasonable market rent, the management must force him to vacate the premises through lawful means.[1]
And Allah Taʿāla Knows Best.
Baba Abu Bakr
Student –Darul Iftaa
Accra, Ghana
Checked and Approved by,
Mufti Muhammad Zakariyya Desai
