Ijarah Law: Definition, Legal Basis, Terms, Pillars, Types and Conditions

Ijarah Law: Definition, Legal Basis, Terms, Pillars, Types and Conditions – What is the law of ijarah and its foundations? On this occasion, SeputihKnowledge.co.id will discuss it and of course about other things that also cover it. Let's look at the discussion together in the article below to better understand it.

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Ijarah Law: Definition, Legal Basis, Terms, Pillars, Types and Conditions

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According to Sayyid Sabiq in fiqh sunah, al Ijarah is derived from the word al Ajru which means al 'Iwadhu or compensation or compensation.

According to Al-Fiqri, according to language, ijarah is الكراة أو بيع المنفعة, which means leasing or buying and selling of benefits. Meanwhile, according to Sayid Sabiq, ijarah is الإجارة مشتقة من الأجر وهو العوض, ومنه سمي الثواب أجرا which means 'iwadh (reward), from this understanding the reward (tsawab) is called ajr (wages/merits).

An ijarah contract is a contract for transferring the benefits of an item or asset within a certain time without being followed by a transfer of ownership of the item or asset.

This ijarah contract requires the lessee to be able to provide goods that can be used or benefited from during the contract period. And also gives the right to the lessor to receive lease payments on the leased goods.

If after the contract is made there is damage before the goods are used, then the contract can be considered null and void or the lessor must replace the leased goods with new items of the same kind.
Tenant. Tenants are parties who use or take advantage of the goods.

So that the lessee has an obligation to pay the rent and also use the goods in accordance with the agreement, do not violate sharia provisions, and maintain the integrity of the goods.

If the damage to this item is due to the negligence of the tenant, the lessee has the obligation to replace it or repair it.

During the repair period, the rental time is not extended.

The lessor can ask the lessee to provide a guarantee against the ijarah with the aim of avoiding the risk of loss.

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Ijarah rules

This ijarah contract must contain rules regarding the term of the contract, the amount of the rent (wages), the method of paying the rent, the allocation of the goods being leased, and other matters deemed important.

Once the ijarah contract is agreed upon, it is binding on the parties involved in it, and if there is a change in the contents of the contract, it must be mutually agreed upon.

After the contract is signed, the lessor cannot rent out the goods that have been leased to other parties during the contract period.

The agreement is effective when the lessee can use the object he rented, not when the contract is signed.

The meaning of ijarah from the four schools of thought is as follows:

• According to Imam Hanafiah

Ijarah is الإجارةعقد على المنفعة بعوض هومال which is a contract for benefits in exchange for wealth.

• According to Imam Malikiyyah

Ijarah is الإجارة …. A contract that gives ownership rights for the benefits of an item that is permissible for a certain time with a reward that does not originate from benefit.

• According to Imam Asyafi'i

Ijarah is a contract for certain benefits that can be given and allowed for a certain reward.

• According to Imam Hambali

Ijarah is a وهي عقد على المنافع تنعد بلفظ الإجارة والكرأ وما في معناهما, namely a contract for benefits that can be valid by pronouncing ijaaah, kara' and the like.

From the understanding of the four schools of thought, it can be concluded that ijarah is a contract made for a benefit in return.

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Basic Law of Ijarah

For the law of ijarah or leasing, this is mubah or permissible by syara'. However, there are several scholars who have different opinions, namely Abu Bakr Al-Asham, Isma'il bin 'Aliyah, Hasan Al-Bashri, Al-Qasyani, Nahrawani, and Ibn Kisan.

These scholars do not allow ijarah because ijarah is a sale and purchase of benefits that cannot be handed over when the contract takes place. Benefits can only be felt when it's been some time. However, this response was refuted by ibn Rush, even though the benefits did not exist when the contract was made, but in general it (benefits) will materialize, and this is the concern and consideration syara'.

The legal basis for the permissibility of ijarah is as follows:

• Al-Qur'an

QS. Ath-thalaq (65) verse 6:

أَسۡكِنُوهُنَّ مِنۡ حَيۡثُ سَكَنتُم مِّن وُجۡدِكُمۡ وَلَا تُضَآرُّوهُنَّ لِتُضَيِّقُواْ عَلَيۡهِنَّۚ وَإِن كُنَّ أُوْلَٰتِ حَمۡلٖ فَأَنفِقُواْ عَلَيۡهِنَّ حَتَّىٰ يَضَعۡنَ حَمۡلَهُنَّۚ فَإِنۡ أَرۡضَعۡنَ لَكُمۡ فَ‍َٔاتُوهُنَّ أُجُورَهُنَّ وَأۡتَمِرُواْ بَيۡنَكُم بِمَعۡرُوفٖۖ وَإِن تَعَاسَرۡتُمۡ فَسَتُرۡضِعُ لَهُۥٓ أُخۡرَىٰ ٦

Meaning: "Place them (wives) where you live according to your ability and do not trouble them to constrict their (hearts). And if they (the wives who have been talaq) are pregnant, then give them their living until they give birth, then if they suckle your (children) for you then give them their wages, and consult among you (everything) with Good; and if you encounter difficulties then another woman may breastfeed (the child) for her."

QS. Al-Qashash (28) verses 26 and 27:

قَالَتۡ إِحۡدَىٰهُمَا يَٰٓأَبَتِ ٱسۡتَ‍ٔۡجِرۡهُۖ إِنَّ خَيۡرَ مَنِ ٱسۡتَ‍ٔۡجَرۡتَ ٱلۡقَوِيُّ ٱلۡأَمِينُ ٢٦ قَالَ إِنِّيٓ أُرِيدُ أَنۡ أُنكِحَكَ إِحۡدَى ٱبۡنَتَيَّ هَٰتَيۡنِ عَلَىٰٓ أَن تَأۡجُرَنِي ثَمَٰنِيَ حِجَجٖۖ فَإِنۡ أَتۡمَمۡتَ عَشۡرٗا فَمِنۡ عِندِكَۖ وَمَآ أُرِيدُ أَنۡ أَشُقَّ عَلَيۡكَۚ سَتَجِدُنِيٓ إِن شَآءَ ٱللَّهُ مِنَ ٱلصَّٰلِحِينَ ٢٧

Meaning: "One of the two women said: "Yes, my father, take him as a worker (for us), because actually the best people you take to work (for us) are people who are strong again trusted. (27). He (Syu'aib) said: "Indeed I intend to marry you to one of my two children, on the basis that you worked with me eight years and if you complete ten years then it is (a kindness) from you, then I do not want burden you. And you, God willing, will find me among the good people.”

• Hadith

The legal basis for further ijarah is in a hadith narrated by Bukhori, namely

عن عروة بن الزبير أن عائسة رضي الله عنها زوج النبي صلى الله عليه وسلم قالت: واستأجر رسول الله صلى الله علىه وسلم وأبو بكر رجلا من بني الديل هاديا خريتا وهو على دين كفار قريش فدفعا إليه راحلتيهما ووعداه غار ثوربعد ثلاث ليل براحلتيهما صبح ثلث.

Meaning: "From Urwah bin Zubair that actually Aisyah ra.wife of the Prophet SAW said: Rasulullah SAW and Abu Bakr hired a man from the tribe of bani Ad Dayl, a skilled guide, and he still embraced the pagan religion quraysh. The Prophet and Abu Bakr then handed over to him their vehicle, and they both promised him to meet at Shur Cave in their vehicle after three days on Tuesday morning.” (H.R Bukhari)

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Ijarah Terms

The terms of Ijarah include the following:

• There is pleasure on both sides (like and like)

This is based on Q.S An-Nisa verse 29

يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَأْكُلُوا أَمْوَالَكُمْ بَيْنَكُمْ بِالْبَاطِلِ إِلَّا أَنْ تَكُونَ تِجَارَةً عَنْ تَرَاضٍ مِنْكُمْ ۚ وَلَا تَقْتُلُوا أَنْفُسَكُمْ ۚ إِنَّ اللَّهَ كَانَ بِكُمْ رَحِيمًا

Meaning: "O you who believe, do not eat each other's wealth in a vanity way, except by way of trade that applies with mutual consent between you. And do not kill yourselves; verily Allah is Most Merciful to you.”

• Goods or objects have clear benefits, namely explaining the benefits, time restrictions, and types of work if the ijarah is in the form of someone's services.
• Objects or goods must be in accordance with the syara', the object used must comply with the syara', for example not maybe a woman who is menstruating is told to clean a mosque, while she does not fulfill it syara'.
• The person doing the contract must be wise and muaayyiz.
• Goods must belong to a person who has a contract.

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Pillars of Ijarah

The pillars of ijarah are as follows:

1. Aqid (person who contracts).
2. Shigat akad.
3. Ujrah (wages).
4. Benefit
2. Ijarah terms.

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Types of Ijarah Contracts

Based on the leased object, this ijarah can be divided into 2 types, namely as follows:

• Benefits to immovable assets. For example, such as houses, cars and motorcycles.
• Benefits to service assets. For example, as derived from the work or from someone's work.

Based on PSAK No. 107, ijarah is divided into 4 types, namely as follows:

• Ijarah

Is the activity of renting an ijarah object without any transfer of ownership rights to goods or assets.

• Ijarah Mutahiya Bit Tamlik

Is an ijarah with a promise or wa'ad transfer of ownership of goods that are ijarah at a certain time.

Transfer of ownership can be carried out if all lease payments for the transferred ijarah object have been completed and the ijarah object has been returned to the lessor.

Furthermore, for the transfer of ownership, a new contract will be made, and it will be separate from the previous ijarah contract.

This transfer of ownership can be done through sales, grants, or sales in stages (installments) every year the lessee makes payments of the total price until he owns the asset or goods in full at the end contract.

• Sell-and-Ijarah

Is a transaction to sell an ijarah object to another party, and then lease back the object that has been sold.

• Ijarah-further

Is to further lease assets or goods to other parties that were previously leased from the owner.

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Pillars of Ijarah Contract

There are 3 pillars of this ijarah contract, namely as follows:

• Actors, consisting of lessors or service providers (lessor or mu'jir) and tenants or service users (lessee or musta'jir).
• Objects, in the form of benefits from assets/goods (ma'jur) and payment of rent, or benefits of services and payment of wages.
• Solemnization of a marriage

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Ijarah contract provisions

The provisions of the ijarah contract are as follows.

• Perpetrator

Must be legally competent and mature.

• Ijarah Contract object

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    Benefits of assets and/or services

    • Must be assessable and able to be contractually executed.
    • For example, like renting a car, the car must be able to function as it should and not be damaged.
    • Must be permissible according to sharia or not forbidden.
    • Therefore, ijarah for leased objects that are forbidden by Allah are considered invalid. For example, such as, giving wages to people to harm other people, renting out a house as a place to commit immorality and so on.
    • Clearly defined period of use of benefits. For example 5 years.
      The specifications must be clearly identified to eliminate ignorance that could lead to disputes.
    • For example, such as the physical condition of the car being rented out. To find out the clarity of the benefits of an asset or item, physical identification can be carried out.

• • Sharia transferable.

Examples of benefits that cannot be transferred according to sharia so that the contract is declared invalid are as follows:

• • • The obligation to pray 5 times a day and also fast in the month of Ramadan cannot be transferred, because it is an obligation that must be carried out by each individual.
    • Hiring people to read the Al-Quran and the benefits or rewards are intended for the person who employs him or someone else. Because the reward of reading the Al-Quran will be received by those who read it, so there will be no benefits that can be transferred.
    • Assets or goods that are used up when consumed cannot be used as ijarah objects.
    • Because consuming or taking advantage of these assets is the same as owning them. For example, such as food, drink, money, and so forth.

• • Rent and wages

Rent and wages are something that is promised and also paid by the lessee or service user to the lessor or service provider.

Namely as a payment for the benefits derived from assets or services by the lessee.

It must be clear how much it is and also known by all parties involved in the contract. It is not permissible to state that "the salary or wages received by the lessee depend on the sales of the company", because the amount becomes uncertain.
Can be paid in the form of other benefits that are similar or similar to the object of the contract.
Has a flexible nature. This means that it can be different for the size of time, place, distance, and so on. For example, renting a car of the same type, in Jakarta Rp. 600,000 while in Semarang Rp. 400,000. Or renting out a building for a clothing store, the rental price is Rp. 30 million/year, but used for a workshop, the rental price is Rp. 40 million/year.

Once agreed by the parties involved in the contract, it is binding and may not change during the contract period.

• • Sharia Provisions for Ijarah Muntahiyah Bit Tamlik

The parties involved in it must carry out the ijarah contract first. Contracts for transfer of ownership, either through grants or buying and selling, can only be made after the end of the ijarah contract.

The promise to transfer ownership that has been agreed at the beginning of the ijarah contract is wa'ad, which is not legally binding. If the promise is to be realized, then there must be a transfer of ownership agreement which is carried out after the end of the ijarah contract.

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  Solemnization of a marriage

It is a statement and mutual expression of sincerity between the parties involved in the contract in writing and verbally by correspondence or using various modern means of communication.

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