The nature of the Ijara contract - its legitimacy and characteristics in Islamic jurisprudence (a comparative study of positive law)

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

In Islamic jurisprudence, lease or lease contract in positive law is considered one of the important contracts organized by the legislator, and this contract is based on the use of the leased thing, and does not entitle the lessee to any right over the thing itself that enables him to dispose of it, because it is not a right in rem over the thing, but it is a personal right of the lessee under which the lessor is obliged to enable him to benefit from the money subject to the rent. It is only returned to non-consumable items, because the lessor is obliged to return the leased thing after a certain period. Therefore, the lease means that the king falls into the allowances hour by hour, because the benefit is an offer that does not remain two times, and if it occurs as such, then he owns his allowance as well, with the intention of equalization, but he cannot claim the allowance except by the passage of an intended benefit, such as today in the house and the land, and the stage in the dabah."

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