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Resolutions-of-Islamic-Fiqh-Council-1

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fuel. Imam Al-Nawawi adds that if the excuse is associatedwith the lessor as if he fell sick or became unable to go outwith the animal or he rented his house and his familymembers, who were on tour, came back and he then neededthe house. In this case, there is no nullification because thereis no trouble with what has been leased.4. What is mentioned by the <strong>Fiqh</strong> scholars about the naturalcalamities that destroy the sold fruits on trees due to certainfactors such as extreme cold or heat, rain, storms, whereasthey decide to discount the amount equivalent to the losscaused by the natural calamity. It is a known issue <strong>of</strong> thenatural calamities in the <strong>Islamic</strong> <strong>Fiqh</strong>.5. Sheikh Al-Islam Ibn Taymiyah said (in Mukhtasar Al-FatawaP.376) that a person, who takes on lease, some amenity whichis useful for general public such as bathroom, hotel or theshopping centre and its usual pr<strong>of</strong>it decreases due to the lessernumber <strong>of</strong> customers or some other reasons such as war,change <strong>of</strong> government or fear <strong>of</strong> any kind, then the rentequivalent to the decreased pr<strong>of</strong>it would be discounted fromthe lessee.6. Ibn Qudamah also said (in the above-mentioned referenceP.29)that if a person hired an animal for riding or loading to acertain place, then, the way to that place was cut <strong>of</strong>f for fear <strong>of</strong>a mishap, or he hired an animal to Makkah for Hajj but thepeople did not go for Hajj that year due to some reasons, theneach <strong>of</strong> the two parties can nullify the hire and if they wishedto continue it till the possibility <strong>of</strong> getting the benefit, thenalso, it would be valid.Sheikh Al-Kasani, one <strong>of</strong> the eminent scholars <strong>of</strong> the Hanafischool <strong>of</strong> <strong>Fiqh</strong>, said (in Badae’ Al-Sanae’ Vol.4, P.197) thatthe nullification is in fact, for prevention <strong>of</strong> harm, and the144

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