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13. Hiring/Renting (Ijārah)

The term ‘ijārah’ and its derivatives are translated in different ways in English depending on the context. For example, when ‘ijārah’ is used in the context of a property transaction, it is usually translated as ‘renting’ or ‘leasing’ and the parties involved are termed ‘landlord’ and ‘tenant’ or ‘lessor’ and ‘lessee’. But when ‘ijārah’ is used for the services of people, it is usually translated as ‘hiring’ and the two parties are termed ‘hirer’ and ‘hiree’ or ‘hired’.

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  • Ruling 2193

    If a person rents a house or a shop for one year for £10,000, for example, and he makes use of half of it himself, he can give the other half on rent for £10,000. However, if he …

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  • Ruling 2194

    Property that is given on rent must fulfil the following conditions [in order for the rental agreement to be valid]: it must be specified. Therefore, if a person says, ‘I rent one of my houses to you’, it is …

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  • Ruling 2195

    Giving a tree on hire so that others can use its fruit when the tree is not currently bearing any fruit is valid. The same applies to giving an animal on hire for its milk.

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  • Ruling 2196

    A woman can be hired for the purpose of wet nursing, and it is not necessary for her to obtain her husband’s consent. However, if the act of wet nursing infringes on his rights, she cannot be hired …

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  • Ruling 2197

    The use of the property which is given on rent must fulfil the following four conditions [in order for the rental agreement to be valid]: the use must be lawful (ḥalāl). Therefore, if a property has only an unlawful …

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  • Ruling 2198

    If the beginning of the rental period is not specified, it will begin the moment the rental contract has been concluded.

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  • Ruling 2199

    If a house is given on rent for a year, for example, and the beginning of the rental period is set to a month after the rental contract is concluded, the rental agreement is valid even if the …

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  • Ruling 2200

    If the rental period is not known and instead the lessor says, ‘Whenever you reside in the house its rent will be £1000 a month’, the rental agreement is not valid.

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  • Ruling 2201

    If a person says to a lessee, ‘I have given the house on rent to you for £1000 a month’, or he says to him, ‘I have given the house on rent to you for one month for …

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  • Ruling 2202

    With regard to a house in which travellers and pilgrims take residence and the length of their stay there is not known, if it is agreed that, for example, they will pay £50 a night and the owner …

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