Does a Muslim landlord have the right to prevent a non-Muslim tenant from selling alcohol in the rented property?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 3 · Bab 1

Open in Qurani

Primary text

If a non-Muslim rents a Muslim's house and intends to sell alcohol therein, the landlord has the right to prevent him from doing so. This ruling is supported by Al-Thawri. The justification is that since preventing this forbidden act is permissible within the city (Misr), it is also permissible in the rural areas, similar to preventing the unlawful killing of a soul.

Supporting text

The companions of Abu Hanifa stated that if the house is in the rural areas or in the mountains, the tenant may do as he wishes concerning the use of the property.