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The Study of Contemporary Issues فقه النوازل Resources: Fiqh Council and Scholarly Research Materials Teacher: Abu Fajr AbdulFattaah Bin Uthman Session Five: Rent to Own Contracts Class Recordings: https://torontodawah.com/class-the-study-of-contemporary-issues-abu-fajr-abdulfattaah-bin-uthman/ Spreaker: https://www.spreaker.com/podcast/the-study-of-contemporary-issues--6155653 Class Handouts: https://drive.google.com/drive/folders/1cj07ilvKRYpQOnPlAuaXQYagiOiNLKI9?usp=share_link Timestamps: 0:01:00 - Memorisation is stronger during youth, whereas understanding is stronger with seniority 0:10:30 - 5th matter of discussion: Rent to own الإيجار المنتهي بالتمليك 0:12:00 - irregular opinions are not given much weight 0:13:56 - What are rent to own agreements? 0:15:00 - What is a traditional rental/lease agreement? 0:16:45 - Ruling on car leasing? Conditions for permissibility: (i) Customer must not be liable for non-operational maintenence costs or damages (except if this is down to negligence) (ii) no cancellation fees/late fees/penalties (unless one exceeds agreed limitations شرط جزائي) (iii) Contract should include car insurance * Good book — Shari’ah standards (معايير الشرعية) 0:28:00 ~ Does one invalid condition nullify the whole contract? 0:30:15 - Money factor/ interest rate? 0:31:50 - different types of leasing to own contracts *Lajnah prohibits this contract 0:46:00 - International committee permits with conditions 0:56:00 - 6 opinions regarding rent to own contracts (i) impermissible (ii) permissible provided owner gifts the item after rental agreement (iii) permissible provided leasor gives customer option to purchase (iv) permissible provided there's 2 separate contracts (rent & purchase) (v) impermissible if customer must commit to purchase (vi) impermissible if rental agreement automatically switches to sale contract 0:59:05 - Fatwa committee 0:59:28 - Fatwa committee 1:00:39 - Leasing is not advisable (contract contains unfavourable clauses) 1:04:29 - Fatwa of Sheikh Fawzān (not permissible) 1:05:07 - Fatwa of Ibn Jibreen (ex member of Lajnah) - leasing is not really a rental contract! 1:08:05 - Agreement to buy at a future date? 1:08:43 - Dr. Sa'd khathlan fatwa 1:09:39 - when did this contract come to existence? (1846 CE) 1:11:55 - Fatwa of Sh. Al-Barrak (عقد مزدوج) not advisable 1:13:00 - Ruling on down-payment (العربون)? 1:15:57 - Yearly percentage increase based on market value? CONCLUSION 1:19:50 - What seems apparent is that the rent to buy contract itself is more like a purchase contract and not a rental contract, and so what's correct is that it is permissible. But additional clauses must be looked into with each contract before determining whether it is permissible or not. 1:22:30 - Dr. Muhammad ibn Sa'd Al-Usaymi's conclusion 1:24:24 - What if the customer does not go on to make a purchase? 1:25:10 - Practical example
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