Chapter on Leasing (Ijārah)
Introduction
Lexically, ijārah—pronounced with a short “i” after the initial hamzah—is the verbal noun of ajara–yaʾjiru, “to compensate.” Hence the recipient is called maʾjūr (one who is compensated). Some cite the form ājara, in which case the agent is termed muʾjir (lessor). The word is derived from ajr, “remuneration,” and for that reason divine reward is also called ajr, for Allah recompenses a servant for obedience or for restraining himself from sin. In ordinary Arabic, then, the term denotes requital.
In the sharīʿah it is defined as: a contract for a permissible, specified benefit that is taken little by little over time.
Ijārah appears in two forms:
- A lease for a fixed period concerning a specific, identified asset, or an asset generically described but owed in the liability.
- The hiring of a known task for a known remuneration. The distinction between these two forms will be clarified below.
Its legitimacy is established by the Qur’an, the Sunnah, consensus, and analogy.
Allah, Exalted is He, says: “If they suckle the child for you, then give them their wages” (al-Ṭalāq 65:6).
In the story of the Hijrah it is related that “he hired a man from the Banū ad-Dīl.”
Ibn al-Mundhir said, “All the scholars whose statements have reached us agree on the permissibility of ijārah.”
As for analogy: just as people need to acquire tangible property, they likewise need to acquire benefits. Accordingly, ijārah is one of the lawful concessions whose ruling accords perfectly with sound analogical reasoning.