Resolutions-of-Islamic-Fiqh-Council-1

1. The lease can be nullified due to the extra-ordinarycircumstances such as war and other natural calamities, inwhich the profit becomes very difficult, even the Hanafischool of Fiqh allows the nullification of the lease due tosome circumstances related to the lessee, which shows that theHanafi school of Fiqh preferably accepts the nullification oflease in the general emergency. Ibn Rushd mentioned(Bidayat Al-Mujtahid Vol.2 P.192, 1 st Khanji Edition,Jamaliyah Press, Egypt) under the heading: (The EmergencyRules) that the Maleki school of Fiqh views that the land,which is irrigated only by rain waters is given on lease and thedrought prevents its cultivation, if the lessee cultivates thisland, the drought would not hep him and the lease would beconsidered nullified. Similarly, when the rain is very little tillthe period of the cultivation expired and the lessee could notcultivate this land, the same ruling would apply in this case.2. Ibn Qudamah Al-Maqdesi mentioned (in Al-Mughni, with Al-Sharh Al-Kabeer, Vol.6, P.30) that when a general situation offear prevents the residence in a place, which has been leasedor there is a blockade that prevents access to a land leased forcultivation, then it gives the lessee an option of nullification,because it is a situation that prevents the lessee from gettingthe benefit of the lease. If the fear is due to the lessee, forexample, he is frightened because he has foes in that place,then he does not have an option of nullification, because thisis due to his own reason and does not prevent the benefitingfrom the lease itself.3. Imam Al-Nawawi has mentioned (in Raudhat Al-Talibeen,Vol.5, P.239) that the lease is not nullified because of theexcuses like a person who hired an animal for travelling andbecame sick or he took a shop on rent for a profession and lostthe equipments of that profession or he took on rent, abathroom for hot water and could not manage the required143