The effect of losing of usufruct in the lease contract” A comparative study between Islamic jurisprudence and Iraqi civil law

The lease contract is the ownership of a known benefit for a known consideration for a known period. The right to the benefit may be lost to the tenant, completely or partially. If this right is lost to the tenant, it has a clear effect in Sharia and the Iraqi Civil Code in granting the tenant rights, especially in the partial loss of the benefit, by giving him the choice between rescission or keeping him with the full or reduced rent. According to the opinions that we will explain, along with the explanation given for each jurisprudential opinion and legal text.The leased property is the one over which the usufruct right falls, and its conditions are the same as the usual conditions for the premises, which are that it must exist, that it be specific or capable of being identified, that it is permissible to deal with it, and that it also has a special condition, which is that it should not be subject to total consumption.The partial loss of benefit, according to Muslim jurists, is divided into several divisions, some of which give the lessee the option between annulment and retention while reducing the rent, and some that do not give him this option. As for the Iraqi Civil Law, it gave the option to the lessee, but the obligation falls on the lessor, starting with returning the leased property to its original condition at the time of the contract.