TERMS AND CONDITIONS OF THE LEASE AGREEMENT

Abstract

This article explores issues related to the terms of a lease in Islamic jurisprudence. We present the results of research on what can serve as the basis of a lease agreement, what terms can be used in a lease agreement, including phrases expressing the meaning of a lease agreement, as well as such words, like an aria, sulh, Hadiya and bay. The Union of Islamic scholars (ulama) permits the conclusion of a lease agreement through التعاطى) at-ta›ati), that is, through practical actions. Also, we presented scientific conclusions regarding the conditions under which a lease agreement is concluded, including the specific benefits if the lease agreement is related to the use of something. The article discusses issues related to rent, in particular, the fact that some things can be charged as rent as the equivalent of money in trade, and some cannot. The amount of rent must be specified in the contract, and if it is charged in cash, then it must be discussed in what monetary units it is charged. Moreover, in Islamic jurisprudence, scholars have established two main conditions for rent: the rent must be the property of Sharia value. If somebody pays rent for the use of something, in the opinion of legal scholars, then the services offered by the other party should not coincide with what the first party proposes. The article involves the study of different points of view of scholars on the collection of rent. Also, it involves issues such as advance payment (voluntary payment) of annuity, the indication in the rental agreement of the prepayment as one of the conditions, and the fee made after the completion of these works.