بحوث مؤتمر المصارف الإسلامية بين الواقع والمأمول ج 37

بدر الحسن القاسمي مؤتمر المصارف الإسلامية  بين الواقع والممول  The Shafei and Hanbali schools say that the lease takes place when the prescription takes place, while as per the view of the Hanafis and Malkis, the benefits occur gradually, so the provision of lease also will occur with the gradual occurrence of business items. Imam Al-Qurafi mentioned these conditions for validity of lease: 1 – The profit is lawful. 2 – To be compensable. 3 - to be valuable. 4 - and to be owned. 5 - and does not include taking the main item. 6 - and it is not pure worship or forbidden sin. 7 - and the benefit is known, not undeclared. In light of these conditions, the Islamic scholars have prohibited the lease in which the main item is consumed, like lease of food for eating and leasing of candles for lighting. The Islamic scholars have different views and different reasoning in cases like leasing goat for milk, leasing male animal for copulating and leasing tree for fruits. There are some cases of lease (ijarah) permitted by the Shariah, although the main item is consumed such as leasing of wet nurse or suckling woman, as the Holy Quran allowed it. So, the majority of Islamic scholars believe that these are exceptions to the general rule «that a lease in which the main business item is consumed is unlawful». But Imam Ibn Taymiyah has another point of view, which is that as the lease is made on benefits, it is also made on main items which are consumed and then renewed as Allah creates its alternative continuously, like the milk of wet nurse, animal wool and water of well.

الإجارة الموصوفة في الذمة للخدمات غير المعينة مؤتمر المصارف الإسلامية  بين الواقع والممول  Criterion of Non – designated services Fair wage (Lease) Research Summary Fair wage, (lease) is one of the important contracts. It is a compensational contract to own a benefit in return for substitute. It is a contract for a paid- for benefit. Its legitimacy is proved by the Quran, Hadith and transactions of Muslims all over centuries. The wisdom in its validity and legitimacy is to meet the needs of the people, as the people>s interests are associated with ownership of things by sale and purchase sometimes, and by owning the benefits through leasing contracts other times. The lesser benefits from its rent and retains its ownership. The poor needs money and the rich needs profits and work. The lease contracts are considered a principal part of the economic and social activities in this age, and the banks and financial institutions deal with them on a large scale. The lease is based on the benefit from a specific property as it is based on benefit prescribed in a fair wage. The some lease benefits the people through a contract for some work of a particular person where he introduces himself to the lessee and he is called «private employee». This is done for a specific work without introducing the employee. In this case, the contract is designed for delivering work where it is called «common employee». The Muslim scholars have laid down conditions for the validity of lease contract, either related to the two parties (lesser and lessee) or to the business.