3 – Our jurists state that a lease (ijarah) is valid only when three conditions are fulfilled:
First: the benefit must be specified—such as residing in a house or employing a person’s service.
Second: the rent must be known in the same manner that the price must be known in a sale, for it is the consideration in a contract of exchange and therefore must be determinate.
Third: the use of the leased asset must be permissible; hence a lease is invalid when it concerns a forbidden benefit, such as hiring for singing, or allowing one’s house to be turned into a church or a venue for selling wine.
4 – Summary: A lease is a contract for usufruct, just as a sale is a contract for property and its usufruct. Accordingly, the conditions required in a lease are the same as those in a sale: the consent of the two contracting parties, their legal capacity, the permissibility of the leased asset, the presence of the intended benefit, the asset’s being owned by the lessor, the ability to deliver and identify it, the rent’s being known, the absence of intrinsically invalid conditions or conditions that vitiate the contract, and the other rulings that the jurists have enumerated under the rules of sale.
5 – Shaykh Muḥammad b. Ibrāhīm Āl al-Shaykh issued a fatwa that leasing for an unspecified term—called hikr in the Hijaz and subrah in Najd—is tantamount to selling the freehold of the land, not leasing it. The land and the building upon it become the property of the purchaser, who may dispose of them at will.
- Decision of the International Islamic Fiqh Academy regarding lease-to-own (ijarah muntahiya bit-tamlik): Resolution no. (110):
The Council of the International Islamic Fiqh Academy, affiliated with the Organization of the Islamic Conference, in its twelfth session held in Riyadh, Kingdom of Saudi Arabia, from 25 Jumada al-Akhirah 1421 AH to 1 Rajab 1421 AH (23–28 September 2000).