Islamic Fiqh > Companies and leases > Ijara (leasing)
Ijara: its pillars (lessor, lessee, asset or work, rent, formula), the rented asset's guarantee, the conditions, and what invalidates it.
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Updated on 31 August 2026 at 3:55 AM
Ijara is the contract on a benefit against a wage. All scholars agree on its lawfulness: the Quran commands giving wet nurses their wage (sura at-Talaq 6), Shu'ayb offers Moses eight years of work to marry one of his daughters (sura al-Qasas 26-27), the Prophet hired a guide during the Hijra (al-Bukhari 2145) and illustrated Allah's bounty with day laborers paid by the qirat (al-Bukhari 2148). an-Nasafi: "all those whose consensus counts agree on its lawfulness".
The majority holds four pillars: the parties, the formula, the wage, the benefit. Conditions on the benefit: known in species, quantity and quality, by the term (house, land), by description (dyeing, sewing, carrying) or by designation; the fodder of the hired mount weighs on the lessor, and hiring a mount "with its fodder" voids the contract (unknown wage). Conditions on the wage: known like the price in a sale (jumhur); stipulating part of it as unknown work (renovating the house, digging the well) makes the wage unknown and the contract fasid (Hanafis, Shafi'is); the rule: not making the wage something that results from the worker's labor.
The object is the benefit, not the thing: the benefit is owned and guaranteed, the thing stays with the lessor (jumhur). A methodical exception with Ibn Taymiyya and Ibn al-Qayyim: whatever is produced piecemeal while the thing subsists (fruit of the tree, milk, well water) follows the regime of benefits.
The four schools agree that one year or less is valid; beyond it, the majority validates any term during which the thing subsists (sura al-Qasas 27: eight years); the Shafi'is, against the soundest view, require each year's quota; the Malikis return to real value when periods differ in price (seasons). Renting a house is valid for one day at least. Ijara is binding: neither party may cancel it without cause (the Hanbalis: "ijara is an exchange contract, like sale"); a hidden defect grants cancellation without dispute (Ibn Qudamah); canceling without cause carries the whole rent.
Hiring one benefit against a benefit of a different kind is valid (Malikis, Shafi'is, Hanbalis): lodging against service, or against transport; of the same kind, it does not stand (lodging for lodging). Marriage against teaching the Quran was validated by the Prophet (al-Bukhari 5149), the benefit of teaching standing in place of the mahr.
Lease or hire: described benefit, known wage, clear term; neither party cancels without excuse, and the hidden defect always reopens the choice.