FatwaFederal TerritoriesTransactions & Finance
AL-KAFI #928: HUKUM MENYEWAKAN BARANG YANG DISEWA
What is the ruling on subletting a shop rented from a council while claiming to the council that the tenant is the one doing business, so the shop is not taken back?
Short answer
According to the majority of jurists, subletting a rented item to another party is permissible as long as the original contract is still in force.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Federal Territories Mufti Office
- Date
- Status
- Opinion (irsyad)
- Series
- Al-Kafi li al-Fatawi
- Topic
- Transactions & Finance
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
According to the majority of jurists, subletting a rented item to another party is permissible as long as the original contract is still in force. However, the tenant is bound by the terms of the agreement, so if the lessor does not permit subletting, it must not be done. Where a council prohibits subletting to prevent monopoly, deception and oppression, the tenant is advised to honour the agreement and submit a written application to the council if the premises are to be let to someone else.
Written in our own words from the original fatwa — check the source before acting on it.
Hukum asal sewa ke atas sewa diharuskan.
Read the full fatwa on the Federal Territories website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Federal Territories Mufti Office. “AL-KAFI #928: HUKUM MENYEWAKAN BARANG YANG DISEWA”, 28 November 2018. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/2815-al-kafi-928-hukum-menyewakan-barang-yang-disewa. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/ruling-on-subletting-rented-shop-council/