At a glance
- Era
- The Prophetic Era
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- Global / Diaspora
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Summary
In the jurists' terms a kadik is what is fixed in a shop in a way meant to remain, and that cannot be moved, such as a building, fitted shelves and locks; the book notes that the jurists also call this a sakna. The word can also mean things placed in a shop without being fixed, goods that are not attached at all, or the sum paid for the right of use, which the jurists call khuluw 1 7.
Related terms
A kirdar is a tenant's or farmer's building, planting or earth-filling on land with the owner's or administrator's leave, a wider term than kadik 7. A marsad is a fixed debt owed by an endowment to a tenant who repaired it at his own cost; the holder cannot sell the building 7. A maska is the right to plough another's land; it cannot be valued, owned, sold or inherited 7. Khuluw gives its holder a share of the benefit of an endowment, not the things themselves, while a kadik is a set of things owned by a shop tenant 2.
Right of tenure in endowed property
A tenant who builds in endowed property in a way meant to remain has a right of tenure, as long as he pays the fair rent for the shop without the fixture; the Hanafis hold this, and the Malikis agree 2. The Murshid al-Hayran says a fixture fixed to the ground by building, planting or a permanent fitting is valued property that may be sold and inherited, and its holder may keep it at the fair rent 2.
The conditions, in these jurists' view, are: the administrator's permission to install the fixture, since a fixture installed without it counts for nothing; payment of the fair rent to avoid harm to the endowment; and no harm. If the tenant is shown to endanger the endowment itself, the judge ends the lease and removes him 3 8. If the fair rent rises much after the contract, the preferred Hanafi view requires renewing the contract at the higher rent 8.
Fixtures on private property
Where the fixture stands in a shop the owner owns, the owner may require the tenant to remove it, since the lease ends with its term and nothing remains of it, a point agreed. Ibn Abidin distinguishes an owner who may refuse to lease his property from an endowment that must be leased 4. Al-Nawawi and the Hanbalis say that a building or planting on rented land belongs to the tenant; Ibn Rajab says the owner may take it at its value once the term ends, and the schools differ on the effect of a condition to remove it 9.
Endowing and selling the fixture
The Hanafis forbid endowing a kadik, since there is no common custom for it, unlike endowing a building or trees; the Malikis imply that endowing it is valid, and al-Gharqawi reports that practice in Egypt followed the view that endowing khuluw is valid 9 5. The book finds no text for the Shafi'is and Hanbalis on endowing a kadik, though they allow endowing buildings and plantings 5.
A tenant with a right of tenure may sell what he has installed, and the right of tenure passes to the buyer, who must pay the fair rent for the bare ground 5 6.
Pre-emption
The Hanafis and Shafi'is do not allow pre-emption in the sale of a building without its ground. Ibn Abidin rejects a Hanafi commentator's view that pre-emption applies to a khuluw joined to the ground, as contrary to the text. The Malikis allow a co-owner of a building on endowed leased land to take the share by pre-emption 6.
People and things also explored
Al-Madina Souq, Aleppo· Bazaar of Tabriz· Khan el-Khalili· Al-Hamidiyah Souq· Souq Waqif· Ajr al-mithl (customary wage)· Akhi Baba (title of the guild shaykh and tanners' head)· Akik (the cornelian stone, used in seal-rings)
Sources
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13213
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13215
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13216
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13218
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13220
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13221
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13214
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13217
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13219
Cite this page
islam.museum contributors. “Fixtures and right of tenure (kadik)”. islam.museum, https://islam.museum/en/concept/kadik/. CC BY-SA 4.0. Last updated 2026-10-23.