Key Money (Badl Al-Khulu): An Islamic Perspective

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Format: Restricted Document
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building INTELEK Repository
caption JIP-International Journal
collection Online Access
collectionurl https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection407072
date 2018-10-01 23:11:15
format Restricted Document
id 11983
institution UniSZA
originalfilename 6284-01-FH02-FESP-18-15507.pdf
person Irman Siswanto
recordtype oai_dc
resourceurl https://intelek.unisza.edu.my/intelek/pages/view.php?ref=11983
spelling 11983 https://intelek.unisza.edu.my/intelek/pages/view.php?ref=11983 https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection407072 Restricted Document Article Journal application/pdf 1.6 Adobe Acrobat Pro DC 20 Paper Capture Plug-in 29 Irman Siswanto 2018-10-01 23:11:15 JIP-International Journal Jurnal Ar-Raniry JIP-International Journal 6284-01-FH02-FESP-18-15507.pdf UniSZA Private Access Key Money (Badl Al-Khulu): An Islamic Perspective Ar-Raniry, International Journal of Islamic Studies The key money (badl al-khulu) refers to the amount that one pays to the other who forgoes his/her right to enjoy the usufruct of the real estate like house, shop and others. This paper intends to study the legal status of exchanging key money from the perspective of Islamic law. The study is qualitative in nature and an analytical method is employed to accomplish the study based on both classical and modern references of the topic. The study finds that the exchange of key money could be between the tenant and the landlord or between the current tenant and the subsequent tenant, or among all these three parties. If the exchange of key money is made during the lease period then it is permissible. However, if it is made after expiry of lease period then it is invalid because after termination of the right of tenant the landlord is more entitled to his/her possessions and he/she may do whatever wishes. Nevertheless, if the landlord consents to the exchange of key money, and the tenant makes a new lease agreement with him, then the exchange of key money is valid despite the expiry of the lease period. 5 1 59-87
spellingShingle Key Money (Badl Al-Khulu): An Islamic Perspective
subject JIP-International Journal
summary The key money (badl al-khulu) refers to the amount that one pays to the other who forgoes his/her right to enjoy the usufruct of the real estate like house, shop and others. This paper intends to study the legal status of exchanging key money from the perspective of Islamic law. The study is qualitative in nature and an analytical method is employed to accomplish the study based on both classical and modern references of the topic. The study finds that the exchange of key money could be between the tenant and the landlord or between the current tenant and the subsequent tenant, or among all these three parties. If the exchange of key money is made during the lease period then it is permissible. However, if it is made after expiry of lease period then it is invalid because after termination of the right of tenant the landlord is more entitled to his/her possessions and he/she may do whatever wishes. Nevertheless, if the landlord consents to the exchange of key money, and the tenant makes a new lease agreement with him, then the exchange of key money is valid despite the expiry of the lease period.
title Key Money (Badl Al-Khulu): An Islamic Perspective
title_full Key Money (Badl Al-Khulu): An Islamic Perspective
title_fullStr Key Money (Badl Al-Khulu): An Islamic Perspective
title_full_unstemmed Key Money (Badl Al-Khulu): An Islamic Perspective
title_short Key Money (Badl Al-Khulu): An Islamic Perspective
title_sort key money (badl al-khulu): an islamic perspective