THE TERMINATION CLAUSE IN LEASING CONTRACTS AND RESOLVE THE DISPUTES RELATED TO IT

Abstract

ABSTRACT

 The research paper aims to study the termination clause in leasing contracts and resolve the disputes related to it. It also aims to determine the most appropriate approach and formulate compensation in evacuation of the leased place before the expiry of the contract, Some leasing issues are related to termination, and leasing is similar to the sale, except in certain specific matters. The method used in this study is the analytical approach, which entails studying the termination clause in detail, its origin, the conditions, and regulations for its application as prescribed by scholars. The study also followed an inductive approach to understand the opinions and views of scholars and jurists and compared them to arrive at a conclusive opinion. The study results can be summarized as follows : The Termination clause is considered a sale according to the most appropriate approach. It enables people to regulate their behavior, preserve their interests, and prevent los, the compensation in lieu of vacancy that the tenant receives from the landlord before the end of the lease agreement is permissible under Islamic law. The researcher recommends studying the Islamic legal rules and regulations that indicate the existence of disputes, particularly those related to financial transactions. This is important to rely on the appropriate approach and not deviate from it during application.

Keywords: Termination, Sale, Justification, Compensation, Evacuation of the leased place