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Property Law and Real Estate

UAEU Law Journal

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Definition Of Tenancy Contract In Islamic Fiqh And Arabic Man-Made Legislation-د. محمد علي عبد الرحمن وفا Apr 2021

Definition Of Tenancy Contract In Islamic Fiqh And Arabic Man-Made Legislation-د. محمد علي عبد الرحمن وفا

UAEU Law Journal

The chosen definition for tenancy contract i n Islamic Fiqh is: "to pass a certain benefit into one's possession in ret urn for a certain con­sideration". We say 'to pass a benefit into one's possession" to show that tenancy is to pass benefits into one's possession, unlike selling which is to pass. Subject of selling in to the purchaser's possession. We also say: "a certain benefit” to show that the benefit, contracted upon in the tenancy contract must be provided with certain conditions. It should be legal, aimed at, well-k now n, easy to hand and owned by the landlord. …