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The question

Is it permissible to annul a rental contract and reclaim the paid rental value according to the agreed-upon condition: "that I have the option to annul the contract within the first six months and to reclaim the value of the last six months in cash"?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

This contract is a two-part lease (Ijara):

The first part: The first six months, which is a binding contract. The rent must be paid, whether the tenant occupies the property or not, unless the owner agrees to waive the remaining three months. If the owner refuses, the tenant can sublease the house to another party.

The second part: The last six months, which is not binding on the tenant, as they have the right to terminate the contract and reclaim the rent. This is based on the opinion of the majority of jurists (fuqaha), who permit the option of condition (khiyar al-shart) in leasing, even if the period is extended.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
17516
Imported
Translation status
Source text, unreviewed
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