By which wording is a contract of Ijarah validly concluded?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 3 · Bab 1

Open in Qurani

Primary text

The contract of Ijarah is validly concluded by the phrasing 'Ijarah' or 'Kira' because these terms are established for this purpose. There are two views regarding its validity through the phrasing of sale ('Bay'). One view holds that it is valid because Ijarah is a type of sale, thus taking the ruling of the sale terminology, similar to currency exchange. The second view asserts it is not valid through the sale wording because Ijarah possesses a specific meaning requiring terminology to indicate that meaning. Furthermore, since Ijarah is related to the object to which sale is related in a singular relationship, a distinct term is needed to differentiate them, similar to disparate contracts, and since Ijarah differs from sale in ruling and name, it resembles marriage (Nikah).