If we agree to a lease arrangement, how is the rental value determined? According to one narration, the rental value is based on the land's fertility or its production potential. A hadith narrated by Abu Dawood mentions basing the rent on "the crops produced from it" and "the section irrigated by water."
It is
narrated from Sa’id bin Musayyib and Sa’d bin Abi Waqqas: "We used to
lease land in exchange for the crops produced from it (meaning the rent was the
yield from a specific portion of the leased land) and for the section irrigated
by water (meaning the rent was the yield from the irrigated section). The Messenger
of Allah (PBUH) forbade us from doing this and commanded us to lease it for
gold or silver" (Narrated by Abu Dawood).
During
the Jahiliyyah (pre-Islamic) era, a person leasing land did not need to
make a payment at the time the lease began. The lessee simply had to hand over
the harvest from a specific portion of the land—for example, the northern or
southern section, the upper or lower section, and so on. At harvest time, the
yield from that specific section was given to the owner. The rent was paid
later, but the amount was determined at the outset. Allah knows best.
However,
during the era of the Messenger of Allah, this practice was prohibited; it was
replaced by a system where the value was clearly defined at the time of the
contract and paid immediately in gold or silver. This method is considered
clearer and prevents mutual injustice. The Jahiliyyah method carried the
risk of gharar (deception or uncertainty).
This
method of paying rent upfront might appear unfair—for instance, if the harvest
fails—but the key lies in the validity and completeness of the contract.
Naturally, anyone willing to lease the land would already possess the knowledge
and confidence regarding the future success of their venture. The decision
should naturally take into account the land's historical production success
rates. What distinguishes the Islamic model from the Jahiliyyah (pre-Islamic)
model is that the terms of the agreement—including the specific rental
amount—are clearly defined from the outset.
To
determine the rental value, one might apply principles regarding profit limits
in trade. Various fatwas (religious rulings) suggest that setting an
exorbitantly high rent is inappropriate, even if there are desperate
individuals willing to pay it. Such exploitative landlord behavior could be
classified as a form of deception. It is important to remember that land
ownership carries inherent social obligations due to the asset's fixed nature
and limited availability.
Ideally,
both the landowner and the tenant should exercise a high degree of mutual
tolerance: the landowner should not demand an excessive price, while the tenant
should avoid causing financial loss to the owner.
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