Rules regarding lessee and lesser under Muslim law

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1. The lessee and lesser should be mature, sane, dealing out of their own free will and not be interdicted from using their wealth.

2. It is permitted for the father or guardian of a child to lease that child’s labour or property. If the lease extends up to the time of the child’s maturity, he will have the right to cancel the remaining lease time. However, if the period of maturity was included because it was advanta­geous to the child, he may not cancel the lease.

(a) A minor may not be employed without the permis­sion of his guardian or a mujtahid, in a case where there is no guardian if a mujtahid is not available, and then the permission of a just believer is necessary.

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3. If one rents a house or shop with the stipulation that only the tenant use it, the tenant must not sublet to someone else.

(a) If there is not such a condition, the tenant may sub­let, but if he does so at a higher rent than he pays, he must somehow improve the property or receive the rent in a different form from what he is paying.

4. If one employs someone to work for him only, he may not transfer him to the employment of another person unless all parties agree.

(a) If the original owner hires out his employee for the same type of wage that he uses to pay the employee, he may not receive an amount higher than what he pays the employee. However, if the type of wage he receives is different from what the employee receives, the owner may receive a larger amount.

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5. Any commodity other than a house, shop, room or employee may be sublet at a higher price, unless the owner has specified that only the lessee may use it in the lease contract.

6. The commodity being leased should have the following characteristics:

(a) It should be well-defined.

(b) The lessee should inspect the commodity or know exactly what he is leasing.

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(c) Delivery of the commodity should be possible.

(d) The commodity must not be something that is deplet­ed during use (example: a can of paint or a loaf of bread).

(e) It should be possible to use the commodity for the purpose it was leased (example: farm land should have water and be cultivable).

(f) One must own what he is leasing or have the owner’s permission to do so.

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(1) A woman may lease her services as a wet-nurse without her husband’s permission, unless the lease will somehow violate his rights.

7. Conditions for usage of leased property.

(a) The usage must be halal (example: using a shop to sell wine is batil).

(b) The usage should not be for a purposeless endeavour.

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(c) If the leased item has several possible usages, the one that the lessee intends to use it for must be well- defined.

(d) The length of the lease should be well-defined, or the terms of the job should be well-defined.

8. If one makes an agreement with the other party to do some work for him in return for certain remuneration or to lease something, he may not demand the remunera­tion or the rent before the completion of the work or delivery of the leased item.

9. If an agreement is made with a laborer that he should do

a certain job on a specified day, and the laborer came to work, but the employer did not give him work to do, the employer must still pay his wage.

10. If one leases something and it is loss or destroyed, he will not be responsible if he was not negligent in preserving it and also did not use it excessively.

11. An artisan is responsible for the damage to an object given to him.

(a) If a butcher slaughters an animal and, in doing so, makes it harem, he must compensate the owner for the loss. This applies whether he was hired to do it or did it for free.

12. A doctor is responsible for the damage to or death of a patient under the following conditions:

(a) If he gives a medication to a patient and the patient is harmed by taking it.

(b) If he tells the patient his diagnosis and prescribes a specific medicine, and the patient is harmed because of it.

(c) If the doctor errs in his treatment and harms the patient.

(d) If the doctor generally says that such and such a medication is good for such an illness, but does not diagnose the patient’s problem as that illness, or prescribes that medication for him, he is not res­ponsible for the patient’s own decision to take that medication.

(e) If the doctor states that he will not be responsible for the patient and does his best to provide good care for that patient, he is not responsible for damage to or death of that patient.

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