Impact of Addition in Lease Contract

Authors

  • Dr. Muhammad ibn Sa`d ibn Fahad al-Dousari Department of Fiqh College of Sharia Al-Imam Muhammad ibn Saud Islamic University

Abstract

This study is about the subject of (Lease added to future time). Lease is a temporal matured contract affected by its addition to future time. Dealing with this future contract is an important part of the actual applications of lease contracts, especially what is executed via electronic channels which witness an ongoing and increasing turnout for this type of contract.

This research discusses the definition and parts of lease by considering the place of leased property, description of leased property, lessor, period, execution and delay. The study shows that addition in the jurisprudential terminology means to postpone handling impacts to future time stipulated by the contractor. Furthermore, tools of addition and suspending in lease are the same, but their formulation and impacts are different, because every addition is a suspending but not every suspending is an addition. Future lease is defined as a remunerative contract on benefits, where its formulation includes determining a duration which starts from some time in the future that does not follow the contract immediately.

The study also discusses the six forms of future lease and the ruling on the two types of future lease benefits: appointed benefit and benefit described in conscience (non-appointed).

The study discusses the duration which shall be known by both parties in the contract of future lease and its starting date shall be determined in the contract. It also discusses the most prominent conditions of future lease property which are the ability to deliver the property on the agreed time and the ownership of the leased property by the lessor at the time of contracting.

The study shows that addition does not affect the obligation of lease contract because future lease is one of the obligated contracts and neither party has the right to terminate the contract without the approval of the other party.

Moreover, it shows that the stipulation of prepaying, delaying or paying in installments is a valid condition, if the time of delaying or paying in installments is known. It also demonstrates the types of choice in lease added to future time.

Published

2020-03-17

Issue

Section

Articles