Rental Dispute In Property

QUESTION:

There are seven co-owners who jointly own a building. From those seven, four individuals have a separate partnership who run a business in the building. At the time of renewal of the lease, the negotiations were left inconclusive, due to the four partners in business wanting to pay a very low rental. The others who are not partners in the business opted for a market-related rental.

An ultimatum was reached by one of the building co-owners whereby the partners in business either pay the market-related rental or they vacate the building within three months’ notice. The business partnership refused to vacate, and also refused to pay the market-related rental.

According to the Shariah, does this business partnership have a right to continue to occupy the property on its own terms? Are the business partners sinful for remaining in occupation without having concluded a new lease on mutually acceptable terms?

ANSWER:

Fundamentally, all the shareholders have a right in the property. Hence, all the shareholders, together with mutual consultation, should discuss and agree on the rental. It is not correct for few of the shareholders to decide on the rental due to having their own businesses on the property.

In conclusion, it will be best that a market-related rental should be paid in fairness to all partners.

كل واحد من الشركاء في شركة الملك أجنبي في حصة الآخر ليس واحد وكيلا عن الآخر فلا يجوز تصرف أحدهما في حصة الآخر بدون إذنه (المجلة ص207)

كل يتصرف في ملكه كيف شاء ، لكن إذا تعلق حق الغير به فيمنع المالك من تصرفه على وجه الاستقلال

)المجلة ص 230(

ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!

ANSWERED BY:

Mufti Abdul Kader Fazlani

Date: 04 Shawwaal 1447 / 24 March 2026

CHECKED AND APPROVED BY:

Mufti Yacoob Vally Saheb