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[Ruling on “Naql al-Qadam” (Transfer of Tenancy/Goodwill)]

Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
تاريخ النشر:
Fatwa number: 20939
Number of views: 3
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[Ruling on “Naql al-Qadam” (Transfer of Tenancy/Goodwill)]
Fatwa number: 20939
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Question

Question: What is your view regarding what a current tenant receives of money in exchange for vacating the premises for a new tenant—what is called “naql al-qadam” (transfer of standing)? Is it lawful for him to take it or not?

Answer

Answer—and Allah grants success: There is no impediment to taking it.
If it is said: The scholars have said that selling rights is not permissible, and this is among rights.
We say: Even if it is among rights, the scholars have permitted selling them in the chapter of lease, since lease is, in reality, the sale of rights; and this tenant has sold his right to remain in the premises.
Hence, the scholars in our lands have not objected to this sale, numerous as they are, nor despite the frequency of its occurrence.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2

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