What is the object of the contract in Ijarah?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 5 · Bab 1

Open in Qurani

Primary text

The object of the contract ('Ma'qud 'alayhi') is the usufructs, which the lessee takes possession of, and the full rent becomes due to the lessor at the time of the contract, unless a specific term is stipulated. This position is held by the majority of scholars, including Malik, Abu Hanifah, and the majority of Al-Shafi'i's companions. The evidence supporting this is that the object of the contract is that which is fully utilized by the contract, which is the usufructs and not the object itself. Furthermore, the rent is in exchange for the usufruct, and thus the usufruct is what is stipulated against, while the contract is related to the physical object because it is the location and source of the usufruct, similar to how agricultural partnership is related to the orchard while the fruit is the object.

Supporting text

A secondary view suggests the object of the contract is the tangible asset itself, as it is what exists and to which the contract is attributed, similar to saying 'I sold you my house'.