What does Islam say about conventional mortgaged land?

Question: There are two types of land mortgage in Islam?- one. The mortgagee receives a fixed amount of money from the mortgagor and the mortgagor continues to enjoy the land. When the money is returned, the land is transferred.

Two. This is a lot like the previous one. However, the difference is that in this case, when the money is returned, the mortgagee takes some less money by calculating the year. For example, someone mortgaged a Katha of land for ten thousand rupees and he enjoyed this land for two years. When he returned the money after two years, he took five hundred rupees and one thousand rupees less. These Surats are not saheeh? Which of the following is the best approach?

Answer: It is completely illegal for a lender to use mortgaged land. It is basically a form of borrowing and taking interest in return. So it is clear that the first method in question is illegitimate.

And the second method is basically an illegal excuse to enjoy mortgaged land by providing loans. Because in this case the lease agreement is not made separately; Rather, the loan is given on the condition that the land is usurped and the landlord receives a nominal rent for the benefit of the loan.

So the two transactions in question are illegal. It is revealed that if you want to do the transaction legally, you have to make a rent or lease agreement without starting a mortgage agreement from the beginning.

 mortgage land in Islam?

The details of which are that the landlord will lease the land. He will pay the rent for as many years as he needs to pay the rent together. For example, the annual rent of one bigha of land is 5 thousand rupees. The owner needs 20 thousand rupees. Then he will rent the land for 4 years and take 20 thousand rupees in advance.

In this case, the land rent may be slightly less than the local rent. After the lease expires, the payer will return the land, but will not get the money back. However, if it is returned ahead of time, the tenant will get back the rest of the money after deducting the amount of rent that was leased for a few days.

Source: Musannaf Abdur Razzaq 6 / 244-245; Sharhu Mukhtasarit Tahabi 3/149; Raddul Muhtar 6/472; Badayous Sanaye 5/212; Sharhul Majalla, Khaled Atasi 3 / 198-198; Elaus Sunan 18/64