Legal and Sharia Analysis of Good Will Money with the Right of Profession and Trade

Authors

  • Kosar Mirzaei, Siamak Jafarzadeh

Abstract

It is common in the landlord-tenant relationship that possessor receive an amount as good will money from the tenant in exchange for the premises he leases for business. This amount of surplus rent is specified in the law and its amount depends on the quality and being favorable of the place of business and profession, this proportion can reduce or increase the amount of this right received; therefore, in response to the question whether it is possible to establish the legality of good will money in the absence of a sharia title to the right of business and trade? It has been concluded that the absence of a sharia title does not have any affiliation with the prohibition of good will money, and the principle is the legality of good will money. It is necessary to mention that the right of profession is closely related to the type of business and activity of the person working in the place, the beginning and the end of the gild in the desired place in distinguishing between these two categories. Naturally, there are issues and conditions on this right (good will money) in law and sharia, this study seeks to facilitate the process of commercial and transactional affairs between natural and legal persons.

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Published

2022-05-14