What is the legal classification of Ijarah (Lease)?
General Chapter
Al-Mughni
Book of Leasing
Primary text
Ijarah is a type of sale because it involves the transfer of ownership from each party to the other, constituting a sale of usufructs (benefits). Usufructs are equivalent to tangible objects because they can be owned while living or after death, are subject to liability for wrongful possession and destruction, and their compensation can be tangible property or a debt. It is distinguished by a specific name, similar to how specific sales like currency exchange (Sarf) or forward sales (Sallam) have distinct names.