Article Title

اشتراط "التجديد التلقائي" في عقد الإجارة - دراسة فقهية مقارنة- The Requirement of Automatic Renewal in the Lease Contract - A Comparative Jurisprudential Study

Authors

Amjad Obeidat, -Follow

Abstract

The aim of the study was to examine the legitimacy of "automatic renewal" stipulation in the lease contract from Islamic Fiqih perspective, and whether this stipulation is considered or not.

The study used the inferential comparative design by focusing on the opinions of scholars, comparing and contrasting among them, then favoring one opinion to the other.

The study concluded that there is a need to know the timeline of the renting lease, either explicit or implicit to be valid. If not, the leasing contract is invalid.

Furthermore, the study concluded that stipulating that the leasing contract is automatically renewed contradicts the nature of the contract as it indicates that the leased is to be handled to the landlord at the end of the contract, and the stipulation of automatic renewal contradicts this fact. Any stipulation violating the nature of the contract is invalid.

Recommended Citation

Obeidat, Amjad (2020) "اشتراط "التجديد التلقائي" في عقد الإجارة - دراسة فقهية مقارنة- The Requirement of Automatic Renewal in the Lease Contract - A Comparative Jurisprudential Study," Jordan Journal of Islamic Studies: Vol. 16: Iss. 1, Article 13.
Available at: https://digitalcommons.aaru.edu.jo/jois/vol16/iss1/13