أثر الأعذار والجوائح على عقد الإيجار في المذهب المالكي

Abstract

The period of time is considered the most important pillar in the lease contract, and this period may be long or short, depending on what is required by the nature of the benefit, which may occur during this period of sudden change in circumstances and conditions that have a great impact on what the contracting parties built their accounts on, so this study dealt with Some of the issues that the scholars of the Maliki school were asked about about the lease contract, and comparing it with some contemporary applications in this time, according to the comparative descriptive approach. Accordingly, we aim to know what should be done by both parties in terms of paying the lease in full, or rescinding it, or putting the price in proportion to what the tenant was harmed by, and reaching clear results on this issue, 1- Refunding the lease when the full benefit is lost, 2- Non-termination When the benefit remains available, even in part.