Key Money for Right of Business With an Approach Based on Imam Khomeini's Views

Key money is a legal term that has always been the cause of many claims and disputes in our society. There is much difference of opinion on the degree and extent of this concept. There were many discussions on the legitimacy of the right of business or in general key money, meaning that the tenant at the venue of business has the right to ask for money after termination of the lease contract from the landlord even if he has not paid money or made a material gain at the place of business. The general religious decree considered such claim as illegitimate. Imam Khomeini in the closing chapter of his Tahrir al-Vasileh in a section entitled “Al-Masael al-Mustahaddesah” has discussed key money and clarified it within eight problems. In the case of creating key money, many consider the common law and commercial custom as the basis for this right. Apart from what the origin of this right is, the following questions are important to ask: Can the key money be transacted? If yes, shall it be done at the current price when the tenant vacates? In this paper, we have discussed these issues based on Imam Khomeini’s views on key money and its problems.