أحكام التأجير من الباطن في الفقه الإسلامي

Abstract EN

The objective of this paper is to discuss the rulings related to subleasing in Islamic law and to elaborate on the jurisprudential controversies surrounding subleasing and the conditions for its validity, as well as on matters pertaining to liability.

This paper is comprised of an introduction followed by six sections and a conclusion.

The first section covers the linguistic and technical definitions of subleasing.

The second section describes the jurisprudential ruling on leasing to a subtenant, while the third section examines the jurisprudential ruling on subleasing to the owner of the asset.

The fourth section studies the jurisprudential ruling of subleasing, while the fifth section deals with the jurisprudential conditions for the validity of a sublease contract.

Finally, the sixth section discusses the matter of liability in a sublease agreement.

The researcher utilized comparative, inductive, and analytical methodologies while preparing this paper.

The research concludes that a sublease contract is valid on the condition that the subtenant is trustworthy, that his or her use of the asset is equivalent to that of the original tenant, and that there is no clause in the contract prohibiting subleasing.

The paper also concludes that both the original tenant and the subtenant are not liable for damages unless one of them transgresses or is careless with the asset, in which case that person becomes liable.