Question:

Can an advance rental payment be retaken by the lessee for his needs?

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

An advance rental payment cannot be retaken and nor can it be demanded by the lessee.  Such a payment is transferred into the ownership of the lessor.  An advanced rental payment can only be claimed in the event of a mutual cancellation prior to the initiation of a lease agreement or when the subject matter of the lease cannot be utilised on account of a deficiency from the lessor.[1]
 
And Allah Ta’ālā Alone Knows Best
Mufti Faraz Adam,
www.darulfiqh.com
 
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