The Concept of Lease in Islamic Law: Definition, Conditions, and Types

Abstract

This article examines the concept of ijara – one of the important institutions of transactional relations in Islamic law – from a scholarly perspective. The study presents the lexical and technical definitions of ijara and analyzes the essential pillars (arkan) required for its validity, including the contracting parties, the contractual expression (offer and acceptance), the rental payment, and the nature of the usufruct to be utilized. It also discusses the conditions necessary for the enforceability of ijara, such as the clarity of the usufruct, the lawfulness of the rental payment, and the legal capacity of the parties involved. Furthermore, the article analyzes the types of ijara, namely leasing the usufruct of property and hiring personal services. The study concludes that ijara has developed in Sharia as a stable, just, and mutually beneficial legal mechanism that ensures fair economic transactions.