Holding the landlord liable for losses caused through electrical faults

Q: I would like to seek your guidance on an issue that has deeply affected me and my livelihood. 

Before signing a 3-year lease for a store, I made it a clear and non-negotiable condition that all the electrical work—plugs, lights, DB board, etc.—must be in 100% working order. Despite this, from the very first day after moving in, we were met with serious electrical problems. 

We tirelessly and continuously complained to the landlord about these issues, both verbally and in writing. On several occasions, we brought the faults to his attention, yet the repairs were either ignored, delayed, or done in an extremely poor and cheap manner. Some electricians even refused to work on the premises after assessing the condition of the electrical system, clearly indicating how bad and dangerous it was. 

We did everything within our capacity to get the matter resolved, but the landlord failed in his responsibility. Unfortunately, this ongoing negligence eventually led to a fire that destroyed my store and stock. I now suffer major losses, while the landlord is relaxed and content, knowing that his own property is insured. 

From a legal perspective, I have a very strong case against him. But before taking any action, I sincerely want to know what is the Islamic ruling in such a matter: Am I Islamically permitted to hold the landlord accountable and seek compensation for my losses, given that I clearly fulfilled my obligations, repeatedly raised my concerns, and the landlord failed to meet his end of the agreement?

A: Since you knew that the premises you were occupying was unsafe, and you continued to occupy the premises, you cannot hold him responsible for the damages caused, though it was not right for him to neglect his responsibility to repair the electrical faults and secure the premises.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)