turnover

Q: I have a shop in Karachi. A friend of mine has opened a business in the shop. I did not agree to sharing the profit but agreed that he pays a nominal rent until the shop goes in profit. He is paying is this nominal rent. But he keeps saying that we should agree on some deal that relates to the profit in the business. A suggestion is that instead of 'ijareh I become a partner in business. Can I consider the shop as investment from my side equal to the market price of the shop? He also has invested in the shop. So is it jaíz if we make a deal that 60% of the total profit will be for his efforts paid to him and the remaining 40% will be divided based on the investment of each of us?

Q: Is it permissible for the lessor to charge the lessee a rental based on his turnover in the case where they fix a ceiling for the maximum rental and they are both pleased with this type of agreement? Some people say that it is permissible, even though the rental is not fixed. They compare this to the case where one hires a rep to sell one’s merchandise and pays him a commission based on the sales he does. Just as his wage is not fixed, but is determined through his total sales, similarly determining the rental of a leased property through the turnover should be permissible. Is this view correct?

Q: I read the fatwa regarding rental based on percentage of turnover being impermissible. I would like to query further that in the case where the landlord fixes a maximum amount for the rental, so that in the event of the turnover being a very large amount, the rental will not surpass the ceiling that has been fixed for the rental, will the ruling change in anyway? Most commercial properties work in this way and many tenants request this type of an agreement and are pleased with it.

Q: A person leases out his property to someone. He tells the lessee that the monthly rental will be 5% of the turnover the lessee makes while trading during each month. Is it correct for the lessor to charge the lessee a rental based on his turnover?