What is the Ruling on Advanced One Month Rent and Increasing Rent Each Year?

Answered by Mawlana Ilyas Patel


What is the ruling on charging last month’s rent and having a tenant pay the top each year when the rent increases? Would that be considered interest if the tenant is paying/adding to the amount he has kept as a loan?


In the Name of Allah, the Most Merciful and Compassionate

I pray you are in good faith and health. Thank you for your question.

It is permissible for a landlord to take a one-month advance rent and increase the rent as per the agreement. This addition will not be considered interest.

[Al-Mahbubi, Sharh al-Wiqaya]

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I pray this helps with your question.

[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani


  ولا تجبُ الأجرةُ بالعقد، خلافاً للشَّافعي – رضي الله عنه -، فإنَّ الأجرةَ عنده تجبُ بنفسِ العقد، (بل بتعجيلها، فإنَّ المستأجرَ إذا عجَّلَ الأجرة، فالمُعَجَّلُ هو الأجرةُ الواجبة، بمعنى أنَّه لا يكونُ له حقُّ الاسترداد، (أو بشرطِه)، فإنَّهُ إذا شرطَ تعجيلَ الأجرةِ تجبُ معجَّلَة، (أو باستيفاءِ النَّفعِ أو التَّمكُّنِ منه، فتجبُ لدارٍ قبضتْ ولم يسكنْها، وتسقطُ بالغصبِ بقدرِ فوتِ تمكُّنِه. (شرح الوقاية)

Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.