Key Money (Badl Al-Khulū) by Dr. Muḥammad Sulaymān al-Ashqar (Translation)

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Year: 2019


Key Money

(Badl Al-Khulū)

 

Dr. Muḥammad Sulaymān al-Ashqar

Member of the Encyclopedia of Fiqh, Kuwait

(al-Mawsūʿah al-Fiqhiyyah al-Kuwaytiyyah)

 

Journal of the Islamic Fiqh Academy

of the Organization of Islamic Cooperation

Fourth Issue, pp. 1734-1748

1988 CE – 1408 AH

 

 

 

Translation of:

بدل الخلو

إعداد

الدكتور محمد سليمان الأشقر

عضو بالموسوعة الفقهية - الكويت

 

In the name of Allah, the most Beneficent, most Merciful

It has become typical usage among ordinary people in many Islamic countries to use the word 'khulū'—by itself—for an amount of cash beside the rental that the landlord may sometimes take from his tenant to enable him to hire the property. Alternatively, the tenant may charge it of the landlord if the landlord wants the tenant to leave the property for any reason. Alternatively, the tenant may charge it of another tenant in order to take his place in occupying the property. Hence, there are three cases of it.

As for legal and Sharīʿah scholars, they commonly use 'khulū' to refer to the usufruct itself that the payer owns by paying the money to the landlord or the previous tenant to attain the right to settle in the property. They use 'badl al-khulū' (key money) to refer to the consideration for this usufruct.


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