What are the requirements for the duration stipulated in a lease for a fixed period?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 6 · Bab 1

Open in Qurani

Primary text

When the lease is for a duration, that duration must be specified and known, such as one month or one year, with no known dispute on this matter. This is because the duration serves as the determinant and identifier of the contracted object, thus requiring knowledge, like the measure when selling by measure. If the duration is stipulated as an unqualified year, it defaults to the lunar year ('Sanat al-Ahillah') because it is the customary standard in Sharia, supported by Allah's statement: {They ask you about the new moons. Say, 'They are markers of time for the people and for the Hajj'} (Quran 2:189). If a lunar year is stipulated, it is merely an emphasis. If a numerical year or a year by days is stipulated, it equals three hundred and sixty days, as a counted month is thirty days.

Supporting text

A different narration attributed to Ahmad states that the entire duration should be fulfilled by counting days because if part of the duration is fulfilled by counting, all of it should be fulfilled by counting, as in the case of a one-month lease. Abu Hanifah and Al-Shafi'i also hold views similar to these two narrations regarding contracts spanning less than a year.