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Fatwa #309426 May 2001United States of America

Is Hasan obliged to honour the contract which Zayd concluded with Bilaal or can Hasan terminate the lease?

Question

Zayd leases out his property for a period of twenty years to Bilaal. After five years, Zayd decides to sell his property to Hasan.

Answer

Zaid is obliged to honour the contractual agreement of twenty years between himself and Bilal and he cannot unilaterally repudiate the contractual agreement before the twenty year period. Therefore, the purchase and sale agreement between Zaid and Hassan will be pending (Mawqoof) until the expiry period of the contractual agreement. (Ahsanul Fataawa with reference to Shaami Vol.7 pg.272; HM Sa?eed)

and Allah Ta'ala Knows Best

Mufti Ebrahuim Desai
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