Assalamo Aleikum @Mufti_Billal @Mufti_Faraz_Adam
I would like to know, if i can rent a place (Bulding) for a Bank or Insurance Company. The best offers are from them and its difficult to find clients for the place.
JazzakAllah in Advance for any advice you can offer.
Assalaamu alaykum,
Although there is concession to do so, it is always best to hold out for a Shariah compliant business. In non-Muslim countries where it is difficult to find Shariah compliant tenants, senior Muftis have given concession in having conventional banks as tenants. This is based on the opinion of Imam Abu Hanifah who permits lease regardless of tenant as long as one does not intend sin and doesn’t search for it. As a cautious approach, whenever there are multiple available clients, one should avoid non Shariah compliant tenants.
The view of my teacher Mufti Ebrahim Desai is as follows:
According to Imam Abu Hanifa رحمه الله renting out the property [to non-compliant businesses] is permissible. What the tenant uses the property for is his act (and responsibility, not the landlord’s).
According to Sahibain (Imam Abu Yusuf and Imam Muhammad رحمهما الله), renting out one’s property for an impermissible act is makrooh and impermissible. If the act is mixed (i.e. the tenant will conduct both halal and haram activities in the property), then the majority will be taken into consideration (i.e. if the majority of the tenant’s activities will be permissible then renting out the property to him will be permissible and if the majority of the tenant’s activities will be impermissible then renting out the property to him will be impermissible). Therefore, renting out the property to the second type of bank (i.e. in which most transactions are permissible) is permissible unanimously. And renting out the property to the first type of bank (i.e. in which most transactions are impermissible) is permissible according to Imam Abu Hanifa رحمه الله – and this view is awsa’ (more accommodating) – whereas according to the Sahibain رحمهما الله it is makrooh and impermissible – and this view is awra’ (more precautionary). (Imdaadul Ahkaam: 3/534-535, Maktaba Darul Ulum Karachi)
In the question above, Maulana Zafar Ahmed sahib was asked about giving one’s property on rent for liquor brewery. The answer that Maulana Zafar Ahmed sahib gave was that if the majority of the inhabitants of the locality are Muslims then doing so is not permissible unanimously. And if the majority of the inhabitants of the locality are non-Muslims then it is permissible according to Imam Abu Hanifa رحمه الله and not permissible according to the Sahibain رحمهما الله and the other three Imams. (Azizul Fatawa: pg 637-638, Darul Isha’at)
Jazakumullah Khairan for your clear and easily understandable explanation