أحكام التأجير من الباطن في الفقه الإسلامي

Abstract

Purpose: The study aims to clarify the rulings on the issue of subleasing, and to elaborate on the disagreement of scholars in that relation and as to its terms, as well as the resulting liability.

Methodology: The researcher followed the comparative, inductive, and analytical methodology. He touches on the issues related to the substance of the subject of the study, and then mentions the disagreement between Islamic jurists while mentioning the weighted opinion in the light of evidence. The study includes an introduction, six sections and a conclusion. The first section covers the linguistic and terminological definition of subleasing. The second covers the jurisprudential ruling on leasing of an item, while the third examines the jurisprudential ruling on subleasing to a tenant. Furthermore, the fourth section touches on the jurisprudential ruling on subleasing to a subtenant, while the fifth deals with the terms of subleasing. Finally, the sixth section explains the matter of liability in a sublease agreement. 

 Findings: The study concludes that a sublease contract is deemed valid provided that the subtenant is trustworthy, that his/her use of the asset is equivalent to or less than that of the original tenant and that there is no clause in the contract limiting the use of the asset solely to the tenant. A sublease contract is deemed valid if the first tenant is trustworthy before the owner and is not held liable unless he/she transgresses or is careless with the asset and the sub-tenant is trustworthy before the original tenant, and is not held liable unless he/she transgresses or is careless with the asset.  

Originality: It lies in the study’s reconsideration of the weighting of some opinions expressed in previous studies, by fully presenting the opinions and evidence of Islamic Jurists as well as clarifying the conditions for subleasing, giving proofs and supporting them from opinions of contemporary jurists.