Hiring and Renting

Q: I have noticed a few travel agents advertising Umrah packages with such and such hotel, and the words "or similar", next to that. The price is then stated below.

In a recent incident, a package was booked for and paid for about 50 days prior to departure. At the time of booking, it was confirmed that the hotels stated on the advert were available. About ten days prior to departure, the agent sent out a travel voucher for a different hotel (this was supposedly one of the "similar hotels"). The reason given was that the hotel advertised initially was not available or fully booked. However, on arrival in Madinah Munawwarah, the agent then informed that the hotel was changed again.

In some cases, some travelers were told by the agent that they would be staying one night in a certain hotel and thereafter moving to another hotel for the rest of the stay. (This changing of hotels for one night has happened with more than one agent) None of these hotels were mentioned or spoken about before departure.

In another instance, after payment, the agent advised that the airline changed the flight and hence the 12 night package now became an 11 night package.

Is this type of advertising permissible? Is this type of transaction permissible?

Q: My friends and I had a business idea to rent out bicycles for couples to go for rides by the beach or something. Like couples going for honeymoon etc... Is this buisness halaal?

Q: A school van driver is receiving a whole month's fare from children but there was 12 days holidays from school in a month. During the 12 days school holiday, the driver did not provide any service.

Is he eligible to receive 12 days fare in accordance with injuctions of Islam?

Q: Due to tenants not paying rental on time, we intend putting a clause to deter tenants from delaying payment. Please advise if it is permissible to include the following clauses in a lease agreement.

NB: We only intend using one of the 2 clauses in each lease.

1. Failure to pay monthly rental by the due date will result in the premises being locked by the lessor. The lessor will only unlock the premises once all arrear rentals are fully paid. The lessee will be charged for expenses incurred in having the premises locked and unlocked.

2. Failure to pay rental by the due date will result in immediate termination of lease. The lessee will be liable for a daily rental of R1000 until the premises has been vacated or a new lease has been agreed upon. (The amount for daily rental we intend using here will be significantly higher than the [proportionate daily] amount the tenant is being charged accordingly to the lease which has a monthly rental amount.)

Q: I came across a fatwa regarding renting out ones premises to someone who will be conducting a haraam business such as a bar or a bank being haraam as Allah says do not help one another in sin.

A brother sent me another fatwa from islamqa.org where they say its permissible as per Abu Hanifa (rahimahullah) as the sin of haraam is on them. So is it a valid difference of opinion and can I choose the one that suits me?

They say that non Muslims can trade in alcohol or interest amongst themselves so the ayah is referring to not supporting others in sin between Muslims only as there is no birr and taqwa for non Muslims. And since someones sin cannot be transferred to you then you are not responsible for what they do. Same as non-Muslim renting a house and you are not responsible for what sins they commit in the house. So can I just pick the one that suits me?

Q: A person rents out a flat and signs a lease agreement wherein it is stated that the tenant will be liable for maintenance costs. However, in light of the shari ruling, who will be responsible to pay for general maintenance of the following; changing the bulbs, repairing a clogged pipe, repairing the aircon, replacing the geyser, replacing damaged washers, etc.?

Q: There is space for 4 tenants on a property. Is it permissible to rent out portion A of the property to a garden company, with the rental due being a service, e.g. the tenant of the area A will tend to the initial landscaping and then gardening of the entire property long term, as long as they occupy the area A as a tenant.

There will be no rental payments due apart from the gardening service they will offer. In essence, is ijaarah permissible in exchange of a service rather than money?

Q: When renting a house to tenants, who pays the

1. Rates and taxes (property rates)
2. Water and Sewer
3. Refuse

Does the tenant pay all of the above?

Does the land lord pay rates and taxes (property rates) and tenant pays for the rest?