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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 2213

    If a person gives an animal on hire for the purpose of carrying fragile goods, in the event that the animal slips or stampedes causing the load to break, the owner of the animal is not responsible for …

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  • Ruling 2214

    If a person circumcises a baby and is negligent in doing so, or, if he makes a mistake – for example, he cuts more than the normal amount – and the baby dies or is harmed, he is …

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  • Ruling 2215

    If a doctor himself gives some medicine to a patient or he recommends some medicine for him and the patient suffers harm or dies as a result of taking the medicine, the doctor is responsible even though he …

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  • Ruling 2216

    If a doctor says to a patient, ‘If you are harmed [by this medicine] I am not responsible’, in the event that he exercises due care and caution and the patient suffers harm or dies, the doctor is …

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  • Ruling 2217

    A lessee and a lessor can annul the lease agreement with each other’s consent. Moreover, if they stipulate a condition in the lease agreement that both of them, or one of them, has the right to annul the …

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  • Ruling 2218

    If a lessor or a lessee realises that he has been cheated, in the event that at the time of concluding the rental agreement he was not aware that he was being cheated, he can annul the rental …

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  • Ruling 2219

    If a person gives something on rent and it is usurped by someone before he can hand it over, the lessee can annul the rental agreement and claim back the payment he gave to the lessor. He can …

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  • Ruling 2220

    If someone does not allow a lessee to take possession of the item he has leased, or, if after the lessee has taken possession of the item someone usurps it or prevents him from using it, the lessee …

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  • Ruling 2221

    If a lessor sells the property to the lessee before completion of the rental period, the lease is not nullified and the lessee must pay the rental fee. The same applies if he sells it to someone else.

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  • Ruling 2222

    If prior to the commencement of the rental period the rented item becomes unusable for the purpose for which it was rented, the rental agreement is rendered void (bāṭil) and the money that the lessee had paid the …

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