توارد إجارتين على العقار: صوره وتطبيقاته المعاصرة

Abstract EN

Lease contract is one of the contacts mentioned in the Islamic jurisprudence, and it is an obliging contract for both parties once it is genuinely signed and no party can terminate it without the consent of the other party or by happening of circumstances that render it void, such as destruction of the leasehold, becoming of no benefit or the default of the lessee in paying the lease amount.

if an agreement is reached between the two parties, the lessee owns the leasehold and the lessor owns the lease amount.

the lessee may lease the leasehold to a party other than the owner, and the material receipt is not a condition for the transfer of the benefit to it but it is enough that the contract is genuinely signed, and it is better to get the benefit first unless it is conditioned by the owner that the lessee shall benefit from the leasehold himself, or norms deem so, and that shall depend on the approval of the owner.

the lessee may lease the leasehold for the lessor himself before the material receipt or after it because once the lease amount is received the leasehold becomes his ownership and it is under his control and guaranteed by him, provided that the form of the contract shall not be pretext for insincerity or hypocrisy.

the lessor may lease the leasehold to a party other than the first lessee for a period that follows the first lease, and if he leases it to for the same period, that shall depend on the permission of the first lessee.