RENTAL CHAPTER

 IJARAH BOOK

I. Leases

Ijarah is defined as a contract for the use of services or goods that binds both parties. This contract cannot be unilaterally canceled and is not terminated by the death or mental illness of one party. However, the contract is automatically void if the leased item is completely damaged and cannot be used again. The lessee has the right to cancel the lease if a defect is discovered in the item, whether the defect has existed for a long time or has recently emerged.

Lease Terms and Conditions:

Clarity of Benefits: The benefits must be clear, both based on custom (such as renting a house to live in) and based on the specifics of the work (such as sewing a specific model or transporting goods to a specific location). The nature of the work and the amount of wages must be detailed.

Assignment of Lease: The lessee may sublease the item to another party whose use is equivalent or less risky. If the lessee uses the land or goods beyond the agreed-upon level or for a more risky purpose, they are required to pay an additional fee according to the market price and are responsible for any damage that occurs.

Liability for Damage: * Time Workers (Ajir Am): Such as doctors, cupping artists, or shepherds, they are not responsible for damage as long as they work according to their skills and are not negligent.

Service Workers (Ajir Khash): Such as tailors or cloth cutters, they are responsible for damage caused by errors in their workmanship. However, if the goods are damaged while they are only in storage (not during production), they are not responsible.

II. Chapter on Ghasab (Plundering)

Ghasab is the act of illegally taking someone else's property. The primary law for the plucker is the obligation to return the goods to their owner.

Return and Compensation Provisions:

Added Value: If the seized goods increase in value or grow (for example, a slave becomes skilled, an egg hatches into a chicken, or a seed grows into a tree), then all the results and added value must be returned to the original owner.

Change of Form: If the goods have been processed (for example, wood becomes a door, iron becomes a needle, or cotton is woven into cloth), the goods must still be returned to the owner along with the added value of the craft.

Shortage or Damage: If the value of the goods decreases or is damaged while being controlled by the usurper, he is obliged to compensate for the loss until the value of the goods is restored to full value.

Mixing of Goods: If the confiscated goods are mixed with similar objects that cannot be separated (such as cooking oil), the confiscator replaces them with the same amount of the mixture. If it is mixed with a different kind of item, he replaces it with a similar item.

Land and Slaves: * If land was confiscated and then planted, the usurper was obliged to dismantle the crops and pay compensation for the land. If it is close to harvest, the land owner can choose between taking the harvest or asking for compensation for the value of the crop.

If a slave was confiscated and then molested until he gave birth, the usurper was subject to hudud punishment, obliged to pay a dowry, compensate for the loss of the value of the slave, and return the slave and her child. If the slave was sold to a third party who did not know the status of the stolen goods, the burden of the fine and dowry would still be borne by the first usurper.

III. Chapter on Syuf'ah

Syuf'ah is the right of a partner (joint owner) to take over a portion of the shares sold by their partner to another party (an outside party).

Seven Conditions for the Validity of Syuf'ah:

Through Sale and Purchase: This right only applies if the transfer is made through a sale and purchase transaction. It does not apply to gifts, waqf, dowries, or khuluk.

Fixed Assets: Only applies to immovable objects such as land, buildings, or gardens.

Partnership Status: Applies as long as ownership remains a joint percentage. If the land has been physically divided with separate boundaries and roads, the right of syuf'ah is lost.

Divisibility: The asset must fall into a category that can be physically divided.

Full Acquisition: The owner of the right of syuf'ah must take the entire share sold by his partner; he cannot claim only a portion. If there are two owners, they divide the shares according to their respective shares.

Ability to Pay: The claimant to the right of sale must be able to pay the agreed price to the outside buyer in cash or with goods of equivalent value.

Immediate Claim: This right must be asserted immediately upon learning of the sale. Delays without a shari'a reason invalidate the right of sale. Exceptions are made if the owner is unable to do so (illness, imprisonment, or a minor).

Additional Provisions:

If the claimant to the right of sale only learns of the sale after the goods have been sold repeatedly (from the first to the second buyer, etc.), they have the right to sue any buyer they choose. If the buyer has built or planted on the land, the owner of the right of sale is obligated to reimburse the costs of the building unless the buyer is willing to pay The digging itself without damaging the land.

Reference:

Umdatul Fiqh