Question:
I have one question, instead of full cash and financing a car, can I lease a new car? The lease agreement, is that jayez?
Answer:
In the name of Allah, the most Gracious and the most Merciful,
Yes, leasing a car is permitted, with some regulations, since leasing contracts differ from make to make, we'll list some of the conditions that are necessary to meet for it to be permissible in Shariah,
(a) All the rules and conditions required by the shari`ah are met, and
(b) There is nothing stipulated in the lease contract that goes against the shari`ah (such as aspects of riba’).
In the terminology of Islamic Law, leasing is known as ‘Ijarah’ and many of the major scholars of Islamic Finance, such as Mufti Taqi Usmani, have written in detail regarding its rules and conditions. Some of the basic rules and conditions for leasing are:
(1) It is a contract wherein the owner transfers the usage (usufruct, manfa'a) of the item being leased to another person for an agreed period and at an agreed consideration,
(2) The leased property remains in the ownership of the seller, and only its right to use is transferred to the person it is being leased to. (This implies that anything that is consumable – like food or money – cannot be leased)
(3) Since the leased property remains in the ownership of the lessor, he is responsible for all the liabilities emerging from the ownership e.g. paying the personal property tax.
(4) All the liabilities related to the use of the property shall be borne out by the lessee e.g. gas, maintenance.
(5) The lessee is liable for misuse and negligence – otherwise he is not as it is considered a trust.
(6) The period of the lease must be determined and stipulated. The amount of rent must also be determined for the whole lease period. The amount can differ for different ‘phases’ if specified clearly, otherwise the contract is considered corrupt. The upshot is to contractually stipulate things in a way that will avoid future dispute.
(7) The lessee can use the item for only the purpose it was stipulated for.
(8) There should be nothing in the contract that entails interest, such as late-payment fees. However, if the lessee makes firm intention that he will never make a late payment and he never does, it'll be permissible, like in the case of credit card.
Thus, it can be seen that the Islamic understanding of leasing differs somewhat from prevalent, conventional forms of leasing. One should ensure that all his/her actions are in conformity with what the shari`ah has prescribed before proceeding to do anything.
And Allah knows best
Mufti Umer Farooq Saleem
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